Justice Vimal K. Vyas directed the BCI to conduct an inspection promptly and submit the report to the respective universities or colleges by June 15, 2024, to streamline the process.
Gujarat: Today (5th June): The Gujarat High Court observed that universities or the state cannot allocate students to law colleges that lack recognition or approval from the Bar Council of India (BCI). The Court granted interim relief to M.S. Bhagat and C.S. Sonawala Law College until the next hearing.
According to the Rules of Legal Education 2008, universities and the state are prohibited from assigning students to unrecognised colleges. Justice Vimal K. Vyas directed the BCI to conduct an inspection promptly and submit the report to the respective universities or colleges by June 15, 2024, to streamline the process.
A Single Bench of Justice Vimal K. Vyas stated,
“In light of the BCI’s position, it is directed that the BCI promptly conduct the inspection and send the report to the respective universities or colleges by June 15, 2024, to streamline the entire process.”
Sr. Advocate SI Nanavati represented the petitioner, while AGP Dharitri Pancholi appeared for the respondents. The Court was tasked with determining whether the government or the university can allocate students to colleges that lack BCI recognition or approval.
The High Court has scheduled the next hearing for June 20, 2024.
A previous court directive required the university and the State of Gujarat to file affidavits clarifying their stance on this issue. The university argued that the petitioner college, due to insufficient staff and a lack of BCI recognition, should not receive student allocations to protect their interests.
The State of Gujarat’s affidavit highlighted the introduction of the Gujarat Common Admission Services (GCAS) portal for the academic year 2024–25, intended to streamline admissions across government universities and affiliated institutions. However, the admission process for the three-year LL.B. course was temporarily halted as the matter was subordinate.
Consequently, the Bench ruled that
“Universities or the State cannot allocate students to colleges that are not recognized or approved by the BCI. It is acknowledged that, currently, none of the petitioner colleges have BCI recognition or approval. Therefore, the issues raised in the petitions merit consideration.”
The BCI assured the Court it would expedite the inspection of the petitioner college. The state government detailed efforts to recruit sufficient faculty, noting that 14 out of the 22 advertised law professor positions had been filled, with ongoing efforts to fill the remaining posts. Additionally, several No Objection Certificates for appointing principals in various law colleges were issued.
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The Bench concluded that universities or the state cannot allocate students to colleges lacking BCI recognition or approval. Given that the petitioner colleges currently do not have such recognition or approval, the issues raised warrant consideration.
