Law Institutions Admitting Students Without Having BCI Recognition Shall Face Criminal Action: Madhya Pradesh High Court

In a plea on denial of enrolment to law graduates by State Bar Council as they graduated from an institution not recognized by BCI, the Madhya Pradesh High Court directed that in future, criminal action shall be initiated against an institution if it admit students without having the necessary recognition. In doing so, the Court also directed that all formalities regarding renewal of affiliation shall be completed by December 31 of the previous calendar year and all the proceedings with Bar Council of India shall be completed in this regard by February 15 of the calendar year. 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.The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “With the above directions, we hereby dispose of the petitions by directing the concerned authority that if any institution in future without having any recognition gives admission except for the academic purpose, criminal action shall be taken against such institutions as per law. At this stage, we were informed by the counsel for the colleges that the University does not complete affiliation renewal process by 31st December of previous year, due to which colleges are unable to apply to Bar Council of India by 31st December. In view of this, we direct that when institutions apply to the University for renewal of affiliation, all formalities shall be completed by 31st December of the previous calendar year and all the proceedings with Bar Council of India shall be completed in this regard by 15th February of the calendar year.”With respect to the present matter the court noted that the college from where the petitioners graduated did not deposit the fee before the Bar Council of India and so its recognition was not renewed. The court however said that this was not fault of the students and the "Bar Council of India should have taken strict action against such institutions". The plea 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.In its last order dated March 7, the Court had deprecated the practice of Bar Council of India in granting recognition to certain colleges even after 20 years, with retrospective effect. Thus, Bar Council of India was directed to "make its house in order" so that the Institutions do not play with the careers of students.Pursuant to the above order, the State filed a status report on March 25. After perusal of the report, the Court directed that in all renewal cases, the institutions shall deposit the fee with Bar Council of India by December 31 of the previous calendar year and if fee is deficit, Bar Council of India shall communicate the same to the concerned institutions within a week. Further, if the fees and renewal application is not in prescribed format as suggested by BCI, then BCI shall have the liberty to withdraw the recognition.The Court further clarified that if the renewal application is in the prescribed format and the requisite fee has been paid then by February 15, the BCI shall communicate the institutions that renewal has been granted or not and shall also upload the said information on the portal in the month of March of the calendar year. In case, the name of any institution is not on portal of Bar Council of India by March 31, then the admitting authority, counselling authority, affiliating authority and college concerned shall inform the students that course will only be for academic purpose.Thereafter, the Court directed the institutions who had not deposited the fee to deposit the same within one week and thereafter, the Bar Council of India shall decide renewal cases and issue directions to the State Bar Council to consider the pending applications of the candidates and enrol them within two weeks.Case Title: Vyom Garg And Others Vs The State Of Madhya Pradesh And Others, WP No. 2758 Of 2025Citation: 2025 LiveLaw (MP) 67Click Here To Read/Download Order

Law Institutions Admitting Students Without Having BCI Recognition Shall Face Criminal Action: Madhya Pradesh High Court

Anukriti Mishra

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