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Patna High Court Says Most Law Colleges In State Lack Requisite Infra, Qualified Teachers; Seeks Reply From Chancellors

Bhavya Singh
18 March 2023 11:30 AM GMT
Patna High Court

Image By: Siddharth Anand

A division bench of the Patna High Court comprising Acting Chief Justice CS Singh and Justice Madhuresh Prasad has directed the Chancellor of all State Universities in Bihar to file an affidavit outlining what steps have been taken so far to streamline legal education in the State.

The court passed the above order after having gone through several materials brought on record demonstrating that most law colleges in the state lacked the necessary infrastructure and qualified teachers.

The court was hearing a Public Interest Litigation concerning the lack of infrastructure in various law colleges throughout Bihar, including a lack of faculty in such colleges.

During the previous hearing, the question of whether or not the University Grants Commission (minimum qualification for appointment of teachers and other academic staff in universities and colleges and other measures for the maintenance of standards in higher education) regulations, 2018, apply to institutions that impart professional legal education had come up before the bench.

The counsel appearing on behalf of the Bar Council of India submitted that, in accordance with Rule 20 of the Rules of Legal Education 2008, an LLM degree is the minimum educational qualification for full-time faculty members, including the Principal of a Centre of Legal Education. He also submitted that the UGC-mandated qualifications such as NET etc., are not required for appointment as a law teacher in a Centre of Legal Education.

Attorneys representing the various universities in the State of Bihar emphasized that many of the law schools that fell under their purview have been de-affiliated due to a variety of infrastructure-related issues.

Giving a week’s time to the State to file affidavits, the bench ordered, “Let an affidavit be filed on behalf of the office of the Chancellor of the Universities of Bihar stating as to what steps have so far been taken to streamline law education in the State of Bihar, particularly in view of the nature of materials available on record which demonstrate that most of the law colleges do not posses the requisite infrastructure and do not have qualified teachers.

The Court will also expect from the office of the Chancellor of Universities of Bihar to take a clear stand as to whether NET/Ph.D qualification in accordance with 2018 regulations is an essential qualification for appointment as teachers in affiliated colleges under various Universities of theState of Bihar or not."

Case Title: Awadh Tiwari vs. The State Of Bihar and Ors Civil Writ Jurisdiction Case No.12132 of 2013

Click Here To Read/Download The Order

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