'Make Your House In Order': Madhya Pradesh HC Deprecates BCI For Granting Retrospective Recognition To Certain Colleges After 20 Yrs

The Madhya Pradesh High Court has deprecated the practice of Bar Council of India in granting recognition to certain colleges even after 20 years, with retrospective effect.In doing so the court directed Bar Council of India to "make its house in order" so that the Institutions do not play with the careers of students. The court was hearing a plea concerning State Bar Council's refusal to enrol certain law graduates as 'advocate' as well as the recognition of the college where the petitioners graduated from, after 20 years with retrospective effect.A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “It is brought to the notice of this Court that in some cases the recognition has been given by the Bar Council of India even after 20 years with retrospective effect and in that situation, the said practice will play with the careers of the students who got admitted based upon the incorrect disclosure of recognition on the portal of Bar Council of India/State Bar Council/ Government of Madhya Pradesh and University. If that is the situation and the Institution and University has without any recognition enrolled the students, thus in that matter they are cheating the students by enrolling them, who are facing the problem in not getting the enrolment with the State Bar Council.”The Court further observed, “We deprecate the practice of Bar Council of India by giving recognition retrospectively even in some cases after 20 years also. Accordingly, Bar Council of India is directed to make its house in order so that the Institutions shall not play with the careers of students.”The court was a hearing plea by certain law graduates who are aggrieved by the state bar council denying enrolment to them as an 'Advocate' on the ground that the college they graduated from–Respondent No. 5-Central India Law Institute, Jabalpur did not renew its approval with the BCI after the 2008-2009. It is alleged that the fact of non-renewal of the approval on part of institution was never mentioned by the respondent authorities while granting admission to the petitioners and similar other students, which ultimately jeopardized the future of the petitioners along with several other students.Thus, through the petition, the petitioner sought a direction to the respondent no. 2 Bar Council of India to recover the renewal fees from the institution and resolve the issue with regard to the renewal of the approval of the institution and renew the same from due date. It also sought a direction to Respondent no.3-State Bar Council to enrol the Petitioners as Advocates with all consequential benefit.During the hearing on March 7, the counsel for petitioner submitted that after seeing on the portal that the institute is recognized by the Bar Council of India, they had applied and gotten admission for Law Course as no such information of College not being recognized by Bar Council of India was uploaded on the admission portal of Higher Education Department of State, nor by University concerned. However, after completion of law degree, the State Bar Council of M.P. refused to enrol the petitioner as an Advocate.It was brought to the court's notice that in some cases BCI granted the recognition after 20 years with retrospective effect and such a practice will play with the careers of the students who got admitted based upon the incorrect disclosure of recognition on the portal of Bar Council of India/State Bar Council/ Government of Madhya Pradesh and University. Thus, the Court directed the respondents to investigate the matter and take criminal action against such Institutions/ University who are giving admission to the students. “Henceforth, we hereby make it clear that if any institution or university without any recognition of BCI is giving admission, it will specifically be mentioned that those got the admission in Law Course they will not be enrolled as an Advocate however that would be only for academic purpose.”, the Court said.The Court perused Rule 26 of Bar Council of India which states that Temporary Approval is not more than a period of three years to a newly proposed institution and Regular Approval is for a maximum period of five years.Further, Court referred to Rule 27 of Bar Council of India which stipulates that if revocation is within three years or within five years as the case may be, however, that revocation will affect the institution but will not affect the students who have been admitted already. Regarding the recognition and fee to be paid to the Bar Council of India, if that is not paid, the Bar Council of India is at liberty to take action against such institution for recovery of dues and Bar Council is at liberty to file a complaint to take criminal action against any institution involved in cheating.In view of the same, the Court directed the Police Commissioner, Bhopal to look into the matter and investigate as to in what manner such type of practice is going on without getting...

'Make Your House In Order': Madhya Pradesh HC Deprecates BCI For Granting Retrospective Recognition To Certain Colleges After 20 Yrs

Anukriti Mishra

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