The Gujarat High Court has directed the State government to address the upgrading of government-aided law colleges to comply with Bar Council of India (BCI) standards. The court’s decision follows a petition highlighting the financial strain on these institutions due to hefty fines imposed for non-compliance, leading to declining admissions and a rise in self-financed colleges.
Gujarat: The Gujarat High Court has directed the State government to address the issue of upgrading government-aided law colleges to ensure that they comply with the Bar Council of India (BCI) standards. The court’s decision comes after a petition was filed by several government-aided law colleges, highlighting their struggle to meet the current Legal Education Rules, 2008 set by the BCI, which has led to significant fines and declining admissions.
The petitioners, representing various government-aided law colleges, moved the court, expressing concerns that these institutions, many established decades ago, are managed by public trusts or societies. However, they are failing to meet the BCI’s standards, resulting in heavy fines of ₹15-20 lakh being imposed on them. The petitioners argued that these fines are unsustainable, as the colleges are entirely reliant on government aid and face significant financial constraints.
As a result, admissions to these colleges have seen a sharp decline, while self-financed law colleges are on the rise in Gujarat. This situation, according to the petitioners, threatens the long-standing reputation of government-aided law colleges, which have been integral to the state’s legal education for over 50-75 years.
Taking cognizance of the issue, the Gujarat High Court Bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, directed the State Advocate General to look into the matter. The court emphasized the need for a comprehensive solution to streamline the functioning of these government-aided law colleges.
“The submission thus is that the issue raised in the present petition is about streamlining the functioning of government-aided law colleges in the state of Gujarat established decades ago. Taking note of the issue raised before us, we provide that this matter be brought to the knowledge of the learned Advocate General so as to enable him to remain present on the next date fixed,”
the court stated in its order.
The petitioners highlighted that these institutions, many of which have operated for decades, require significant upgrades to align with the BCI’s Legal Education Rules and avoid further penalties.
One of the central issues raised by the petitioners is the staffing policy in these colleges. As per the State government’s current policy, these institutions are granted one principal and four teachers per class of 120 students. However, BCI rules dictate that a class should not exceed 60 students. This discrepancy has contributed to the fines imposed on the colleges, as they are unable to meet the prescribed teacher-student ratio.
The petitioners further argued that the fines are unaffordable, as these colleges are entirely funded by the State government. The fees collected from student admissions are turned over to the State, leaving the colleges with limited financial resources to cover the penalties.
After hearing the submissions, the court directed the Advocate General to address the concerns raised in the petition. The Bench also emphasized the importance of ensuring that these government-aided institutions are upgraded to meet the necessary educational standards, which would prevent a further decline in admissions and ensure compliance with BCI guidelines.
The case has been scheduled for the next hearing on October 23. The court expects the Advocate General to present potential solutions or updates regarding the upgradation of these colleges at that time.
Senior Advocate Prakash Jani and advocate Shivang Jani appeared on behalf of the petitioners. Government advocate Manan A Shah represented the State government and the Bar Council of India during the proceedings.
The Gujarat High Court’s direction to the State government underscores the need for urgent reforms in the state’s government-aided law colleges. By ensuring these institutions meet BCI standards, the court aims to protect their long-standing legacy while addressing the concerns of students and staff. The case will continue to unfold as the Advocate General prepares to present solutions in the upcoming hearing.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE