Mushrooming Of Law Colleges- Need To Ensure That Quality Isn't Compromised In The Guise Of Creating Opportunities : Madras High Court

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy also observed that the standard of education imparted at some of the existing law colleges and the infrastructure available need to be looked into.

Appearing before the Court, the State Bar Council submitted that was vigilant and sufficient steps have been taken by it.

However, it further stated that unless there is uniformity all over the country, whether under the aegis of the Bar Council of India or pursuant to orders of the Court, the situation cannot be appropriately addressed.

To this, the Court remarked,

"There is a substance in what the Bar Council says since the regulation of law colleges in one State is undone if unregulated law colleges in a contiguous State allow easy access.

Significantly, the Court further said,

"The matter has to be looked into, in-depth, by the Bar Council and possible orders have to be sought at an all-India level to ensure that the quality is not compromised in course of more law colleges being born and in the guise of opportunities being created."

However, the Court further observed that no mandamus could be issued of the nature sought by the petitioner.

Further, the Court added,

"Since it may not be effective merely to regulate the opening of law colleges within the boundaries of this State as easy access to law colleges across the neighbouring States will always be open, no meaningful order is possible to be issued at this level."

However, the Court clarified that nothing in the order would prevent the Bar Council from considering the petitioner's representation and affording the petitioner a hearing on the matter within the next four weeks.

In related news, the Punjab and Haryana High Court in December 2020 had set aside the three-year moratorium imposed by the Bar Council of India (BCI) on the opening of new law colleges as ultra vires the Indian Constitution.

A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4^th December 2020, held that the BCI cannot impose a complete ban on the opening of new law colleges, under the pretext of regulating Legal Education.

"No doubt, the BCI can issue guidelines/circulars etc. and press for compliance thereof as well as 2008 Rules either at the grant of approval to a New College or adherence thereof by the Colleges/Institutes for Legal Education already existing throughout the country but under that pretext it cannot impose a complete ban on the opening of New Institutes for imparting Legal Education," the order states.

Case title - M.D.Ashok v. The Chief Secretary, Tamil Nadu State Government and ors. [W.P.No.1858 of 2021]

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