N. Prakash v. Bar Council of India and Ors.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 12[TH] DAY OF APRIL 2023 / 22ND CHAITHRA, 1945** ## **WP(C) NO. 10954 OF 2023** ## **PETITIONER:** N.PRAKASH, S/O LATE A. NARAYANA RAO, RESIDING AT PRAJITH VIHAR, AYINI ROAD, MARADU P.O. ERNAKULAM - 682304, 5(9) B.A.LL.B SREE NARAYANA LAW COLLEGE, POOTHOTTA, ERNAKULAM, PIN - 682307 BY ADV I.DINESH MENON ## **RESPONDENTS:** 1 BAR COUNCIL OF INDIA 21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI-110002, REPRESENTED BY ITS SECRETARY. 2 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, PRIYADARSINI HILLS P.O UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA KOTTAYAM, PIN - 686560 3 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, UNIVERSITY BUILDINGS,PRIYADARSINI HILLS P.O., UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM, PIN - 686560 4 SREE NARAYANA LAW COLLEGE POOTHOTTA, ERNAKULAM-682307, REPRESENTED BY ITS PRINCIPAL. SRI. SURIN GEORGE IPE, SC, M.G. UTY. SRI. RAJIT, SC, BAR COUNCIL OF INDIA. ## **OTHER PRESENT:** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, A/W WP(C) NO.11333/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **WEDNESDAY, THE 12[TH] DAY OF APRIL 2023 / 22ND CHAITHRA, 1945** ## **WP(C) NO. 11333 OF 2023** ## **PETITIONER:** N.PRAKASH S/O.LATE A.NARAYANA RAO, RESIDING AT PRAJITH VIHAR, AYINI ROAD, MARADU P.O. ERNAKULAM-682304, 5(9) B.A.LL.B SREE NARAYANA LAW COLLEGE, POOTHOTTA, ERNAKULAM, PIN - 682307 BY ADV N.PRAKASH(Party-In-Person) ## **RESPONDENTS:** |1|BAR COUNCIL OF INDIA, 21, ROUSE AVENUE INSTITUTIONAL AREA,| |---|---| ||NEAR BAL BHAWAN, NEW DELHI - 110 002 REPRESENTED BY ITS| ||SECRETARY.| |2|MAHATMA GANDHI UNIVERSITY| ||REPRESENTED BY ITS REGISTRAR UNIVERSITY BUILDINGS,| ||PRIYADARSINI HILLS P.O UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA| ||KOTTAYAM-686 560.| |3|THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, UNIVERSITY| ||BUILDINGS,PRIYADARSINI HILLS P.O., UNIVERSITY CAMPUS ROAD,| ||ATHIRAMPUZHA, KOTTAYAM-686 560.| |4|SREE NARAYANA LAW COLLEGE, POOTHOTTA,| ||ERNAKULAM-682307, REPRESENTED BY ITS PRINCIPAL.| ||BY ADVS.| ||P.V.ELIAS| ||R.T.PRADEEP| THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2023, A/W WP(C) NO.10954/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) Nos.10954 & 11333 of 2023 = = = = = = = = = = = = = = = = = = Dated this the 12[th] day of April, 2023** ## **J U D G M E N T** These writ petitions are filed by a student doing his 9[th] semester of the five year LLB course at the Sree Narayana Law College, Poothotta. In these writ petitions, the grievance projected by the petitioner is that, the College and the University are proceeding to conduct examinations without adhering to the Rules of Legal Education, 2008, framed by the Bar Council of India which is the regulatory authority for legal education in India. The complaint is with regard to the non-adherence to satisfaction of the minimum hours of classes, moot courts, seminars, tutorials etc. 2. In W.P.(C) No.11333/2023, the challenge is against the conduct of 8[th] semester examination, in respect of which a notification dated 23.03.2023 has been issued by the University inviting applications for **W.P.(C) Nos.10954 & 11333 of 2023** -: 2 :- examinations. In W.P.(C) No.10954/2023, the complaint is with regard to the holding of practical/role play/internals of the 9[th] semester. 3. Heard the petitioner, the learned counsel for the College and the learned Standing Counsel for the University. ## 4. In _**Satheesh Kumar N. and Ors. v. Mahatma Gandhi University and Ors. (AIR 2016 Ker 93)**_ this Court held :- _“The prescription of the minimum hours of lecture classes and holding of tutorials, moot court and seminars by the Bar Council of India are to be scrupulously followed by the Universities. The above exercises are essential to chisel out the best in a law student many of whom are destined to become lawyers, judicial officers, parliamentarians etc. The possible lag in the course is not an excuse for the Universities to commit breach of the statutory rules and the classes cannot also be telescoped. It will be desirable if the Registrar and the Controller of Examinations of the Universities assure themselves that the necessary exercises as above are completed by each of the Colleges. Such a subjective satisfaction can be arrived at on the basis of the inputs from the Principal/Head of the Department of Law in the various Colleges. It is only after being_ **W.P.(C) Nos.10954 & 11333 of 2023** -: 3 :- _convinced of the requisite number of lecture classes, tutorials, moot court and seminars can the examination for each of the Semester be scheduled. The minimum hours stipulated by the bar Council of India should have been completed before the commencement of the examinations for each of the Semester. This will also instill more seriousness in their study by the law students as in the case of medical and engineering students across the State.”_ 5. The said decision was relied on by a Division Bench of this Court in _**Mohanan M.E. and Ors. v. University of Calicut and Ors. ILR 2017 (1) Kerala 865**_ . 6. When the 7[th] semester examinations were notified, the petitioner herein had approached this Court challenging the same on the same ground. Therein, though this Court noticed non-satisfaction of the mandated hours by the College, the notification for examination was declined to be interfered with on other grounds. Yet again the petitioner is compelled to approach this Court with the same complaints, but with regard to the 8[th] semester examinations and the 9[th] semester internals, **W.P.(C) Nos.10954 & 11333 of 2023** -: 4 :- moot courts, seminars, tutorials etc. 7. As noticed supra, the University has issued notification inviting applications for 8[th] semester examinations. However, the date of examination has not been notified. So also, the petitioner alleges that the College is taking steps for holding practical/role play/internals with regard to 9[th] semester subjects without satisfying the mandatory hours of the lecture/teaching. 8. The learned counsel appearing on behalf of the College submits that the stipulations with regard to the required hours of imparting shall be followed and completed before examinations as mentioned supra are held. He would further submit that, even during the pendency of these writ petitions, additional hours are being taken for attaining the mandatory required hours of study. **W.P.(C) Nos.10954 & 11333 of 2023** -: 5 :- Resultantly, the writ petitions are disposed of with the following directions:- - (1) The College shall ensure that the mandatory study hours is provided before the 9[th] semester practical/role play/internals is conducted. (2) The College shall ensure that before 05.05.2023, the mandatory study hours as prescribed, for completion of the 8[th] semester, are provided, and report the same to the University before that date. (3) The University shall verify the details as may be provided by the College in tune with the directions above and proceed in accordance with law. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge **APPENDIX OF WP(C) 11333/2023** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE COUNTER AFFIDAVIT DATED| |---|---| ||14.12.2022 IN W.P.C.NO.39387 OF 2022 FILED BY THE| ||FOURTH RESPONDENT ALONG WITH ENGLISH TRANSLATION| ||OF EXHIBIT R4(2)| |EXHIBIT P2|TRUE COPY OF THE RELEVANT PORTION OF THE BAR| ||COUNCIL OF INDIA RULES OF LEGAL EDUCATION PART IV| |EXHIBIT P3|THE TRUE COPY OF THE ATTENDANCE SHEET FOR THE| ||SUBJECT PUBLIC ADMINISTRATION PUBLISHED BY THE| ||CONCERNED TEACHER IN THE WHATSAPP GROUP ON| ||9.11.2022| |EXHIBIT P4|TRUE COPY OF THE STATEMENT FILED BY THE STANDING| ||COUNSEL FOR THE MAHATMA GANDHI UNIVERSITY DATED| ||16.1.2023 IN W.A.NO.2007 OF 2022| |EXHIBIT P5|TRUE COPY OF THE ORDER DATED 17.1.2023 IN| ||W.A.NO.2007 OF 2022| |EXHIBIT P6|TRUE COPY OF THE JUDGMENT DATED 18.1.2023 IN| ||W.A.NO.2007 OF 2022| |EXHIBIT P7|TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE| ||PETITIONER ON 15.3.2023 TO THE RESPONDENTS 2 AND| ||3 THROUGH MAIL| |EXHIBIT P8|TRUE COPY OF THE FEES NOTIFICATION FOR VIII| ||SEMESTER - FIVE YEAR INTEGRATED BA LLB (HONS)| ||COURSES 2018 ADMISSION REGULAR PUBLISHED BY THE| ||SECOND RESPONDENT| |EXHIBIT P9|TRUE COPY OF THE JUDGMENT REPORTED IN SATHEESH| ||KUMAR N. AND ORS. VS. MAHATMA GANDHI UNIVERSITY| ||AND ORS. (A.I.R.2016 KER.93)| |EXHIBIT P10|TRUE COPY OF THE JUDGMENT REPORTED IN IN MOHANAN| ||M.E. AND OTHERS V UNIVERSITY OF CALICUT AND| ||OTHERS (ILR 2017 (1) KERALA 865)| |EXHIBIT P11|TRUE COPY OF THE JUDGMENT DATED 13.1.2023 IN| ||W.P.C.NO.4114 OF 2023| |EXHIBIT P12|TRUE COPY OF THE JUDGMENT DATED 1.3.2023 IN| ||W.A.NO.382 OF 2023| **APPENDIX OF WP(C) 11333/2023 -2-** RESPONDENT EXHIBITS EXHIBIT R-4(A) TRUE COPY OF THE NOTICE ISSUED BY THE PRINCIPAL TO THE STUDENTS ON 24.03.2023 EXHIBIT R-4(B) TRUE COPY OF THE TIMETABLE DATED 03.04.2023 ISSUED BY THE PRINCIPAL TO THE STUDENTS EXHIBIT R-4(C) TRUE COPY OF THE REPORT DATED 04.04.02023 GIVEN BY THE PRINCIPAL TO THE UNIVERSITY ----- **APPENDIX OF WP(C) 10954/2023** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE REQUEST DATED 16.3.2023| ||SUBMITTED BY THE PETITIONER BEFORE THE 4TH| ||RESPONDENT THROUGH MAIL.| |EXHIBIT P2|TRUE COPY OF THE REQUEST DATED 16.3.2023 SENT BY| ||THE PETITIONER TO RESPONDENTS 2 AND 3 ON| ||19.3.2023 THROUGH MAIL.| |EXHIBIT P3|TRUE COPY OF THE RELEVANT PORTION OF THE BAR| ||COUNCIL OF INDIA RULES OF LEGAL EDUCATION PART IV| |EXHIBIT P4|TRUE COPY OF THE ATTENDANCE SHEET FOR THE MONTHS| ||OF NOVEMBER AND DECEMBER 2022 AND JANUARY 2023| |EXHIBIT P5|TRUE COPY OF THE ATTENDANCE SHEET FOR THE MONTH| ||OF FEBRUARY 2023| |EXHIBIT P6|TRUE COPY OF THE SYLLABUS FOR ALTERNATE DISPUTE| ||RESOLUTION PUBLISHED BY THE 2ND RESPONDENT| |EXHIBIT P7|TRUE COPY OF THE JUDGMENT REPORTED IN SATHEESH| ||KUMAR N. AND ORS. VS. MAHATMA GANDHI UNIVERSITY| ||AND ORS. (A.I.R.2016 KER.93)| |EXHIBIT P8|TRUE COPY OF THE JUDGMENT REPORTED IN IN MOHANAN| ||M.E. AND OTHERS V UNIVERSITY OF CALICUT AND| ||OTHERS (2017(1) KHC 658)| |EXHIBIT P9|THE TRUE COPY OF THE JUDGMENT DATED 1.3.2023 IN| ||W.A.NO.382 OF 2023| |EXHIBIT P10|TRUE<br>COPY<br>OF<br>THE<br>CIRCULAR| ||NO.BCI:D:158(LE:CIRCULAR<br>NO.01/2020)<br>DATED| ||5.2.2020 ISSUED BY THE FIRST RESPONDENT| |EXHIBIT P11|TRUE COPY OF THE STATEMENT DATED 16.1.2023 FILED| ||BY THE STANDING COUNSEL FOR THE MAHATMA GANDHI| ||UNIVERSITY ON BEHALF OF THE UNIVERSITY IN| ||W.A.NO.2007 OF 2022| |EXHIBIT P12|TRUE COPY OF THE ORDER DATED 17.1.2023 IN| ||W.A.NO.2007 OF 2022| |EXHIBIT P13|TRUE COPY OF THE JUDGMENT DATED 18.1.2023 IN| ||W.A.NO.2007 OF 2022| **APPENDIX OF WP(C) 10954/2023 -2-** EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 30.3.2023 PUBLISHED BY THE 4TH RESPONDENT EXHIBIT P15 SCREEN SHOT OF THE WHATSAPP GROUP POST DONE AT 5.11 P.M. ON 30.3.2023 BY THE TEACHER WHO WAS TAKING CLASSES FOR ALTERNATE DISPUTE RESOLUTION INVITING STUDENTS FOR A VIDEO MEETING ON GOOGLE MEET EXHIBIT P16 THE SCREEN SHOT OF THE GOOGLE MEET HELD ON 30.3.2023 AT 5.11 P.M. SHOWING ONLY TWO STUDENTS INCLUDING PETITIONER. EXHIBIT P17 THE SCREEN SHOT OF THE WHATSAPP CONVERSATION BETWEEN ME AND THE CONCERNED TEACHER AT 5.28 P.M. ON 30.3.2023 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P17. RESPONDENT EXHIBITS EXHIBIT R-4(A) TRUE COPY OF THE NOTICE ISSUED BY THE PRINCIPAL ON 30.03.2023 PETITIONER EXHIBITS EXHIBIT P18 TRUE COPY OF THE NOTICE DATED 31.3.2023 PUBLISHED ON 3.4.2023 ON BEHALF OF THE FOURTH RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R-4(B) TRUE COPY OF THE TIME TABLE DATED 31.03.2023 ISSUED BY THE PRINCIPAL. -----