AP High Court Upholds Disaffiliation Of Law College Over Infrastructure Deficiencies, Grants Relief To Existing Students
The Andhra Pradesh High Court has held that a law college which does not satisfy minimum infrastructural requirements prescribed under the Bar Council of India Rules of Legal Education, 2008 and University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 cannot claim continuation of affiliation merely because it had been functioning for several years. A Single...
The Andhra Pradesh High Court has held that a law college which does not satisfy minimum infrastructural requirements prescribed under the Bar Council of India Rules of Legal Education, 2008 and University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 cannot claim continuation of affiliation merely because it had been functioning for several years.
A Single Judge Bench of Justice Nyapathy Vijay upheld the disaffiliation of Veeravalli College of Law by Adikavi Nannaya University, finding that the college failed to meet the mandatory requirements relating to land, built-up area, classrooms, library and other academic infrastructure.
However, to safeguard the interests of students already admitted under interim court orders, the Bench modified the disaffiliation orders to take effect prospectively from the academic year 2026-27, disposing of a batch of connected writ petitions.
The Court observed:
"The shortfall of academic space and other infrastructural requirements in the Petitioner-College is an undisputed fact in the light of above. The shortfall is in a way admitted as per the Petitioners explanation dated 22.8.2024 wherein it was mentioned that the College is run on a shift system, i.e holding classes for 3 Yrs., LLB in the morning section and holding classes for 5 Yrs LLB & LLM in the afternoon session. This running of the College on a shift system is not recognised under the regulations referred to above.
In view of the shortfall in the infrastructural requirements as per the Regulations referred to above, this Court has no option but to uphold the impugned orders in principle."
Veeravalli College of Law, established in 1995 and affiliated to Adikavi Nannaya University, had been functioning on conditional affiliation since the academic year 2019-20. The University repeatedly pointed out deficiencies in the college's infrastructure and, finding that they remained unrectified despite several inspections and opportunities to comply, disaffiliated the college through orders dated September 19 and November 20, 2024, giving rise to the present batch of writ petitions.
The petitioners argued that Veeravalli College of Law had been functioning since 1995 with continuous Bar Council of India approvals, that it had rectified deficiencies flagged in earlier inspections, and that the Vice-Chancellor lacked authority to disaffiliate it since only the Executive Council could take such a decision under the Andhra Pradesh Universities Act, 1991.
The University countered that repeated inspections had consistently revealed serious deficiencies, including inadequate land and built-up area, insufficient classrooms, absence of a moot court, and lack of playground and parking, non-production of original land documents, and that the college premises stood in an individual's name rather than the educational society's.
The Court examined the Bar Council of India Rules of Legal Education, 2008, which prescribe minimum infrastructural facilities for affiliation, and the UGC (Affiliation of Colleges by Universities) Regulations, 2009, which mandate adequate land, academic buildings and a minimum floor area per student.
Relying on Rule 16 read with Schedule III of the BCI Rules, and Regulations 3.1.1, 3.1.2, 3.1.3 and 9 of the UGC Regulations, the Court held that affiliation can be granted only where a law college satisfies these prescribed minimum standards, and that a University cannot continue affiliation to an institution falling below them, failing which the University itself risks regulatory consequences under the UGC framework.
The Court found that the college was situated on only 519 square yards of land with a built-up area of about 4,762 square feet, despite a sanctioned intake of 720 students and actual admissions exceeding 500. Even the college's own explanation confirmed it was running classes in shifts to work around the space shortage, a practice not recognised under the applicable Regulations.
The Court rejected the challenge to the Vice-Chancellor's authority, noting that the Executive Council had since ratified his action. It added that even if the exercise of power had been defective, setting aside the impugned orders would not revive the college's affiliation, which had already lapsed after the conditional affiliation granted for 2023-24 expired.
Weighing the practical difficulty that the immediate disaffiliation would cause to students who had secured admissions under interim orders, the Court exercised its inherent powers to make the disaffiliation effective only from the academic year 2026-27, deeming the college affiliated for 2024-25 and 2025-26 so that admitted students could complete their studies.
Case Title: All Saints Christian Education Society & Anr. v. State of Andhra Pradesh & Ors. (Batch Matters)
Case Nos.: W.P. No. 28192 of 2024 and the connected W.P. Nos. 7921, 13858 and 29442 of 2025, and 6762 and 7104 of 2026.
Counsel for the Petitioners: Sri T.D. Phani Kumar
Counsel for the Respondents: Sri G. Koti Nagulu, Government Pleader for Higher Education; Sri M. Chalapathi; Smt. K. Radhika; Sri G. Venkata Reddy.