Gujarat High Court directs State to examine plight of government aided law colleges

The Gujarat High Court on Tuesday directed the State government to look into the issue of the upgradation of government-aided law colleges to ensure that they meet the current standards of education prescribed by the Bar Council of India (BCI) [Mayurdhwajsingh Laxmansinh Rahevar v. The Bar Council of India and Others].

The petitioners representing the government-aided law colleges moved the Court and highlighted that many such colleges established decades ago are managed by public trusts or societies but are struggling to meet BCI's standards due to which the BCI is imposing heavy fine of ₹15-20 lakh on them.

This has resulted in a huge shortfall in admissions to these aided colleges and has led to the rise of self-financed colleges in the State, it was submitted.

Taking note of the issue, a Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi directed the State Advocate General to look into it.

"The submission thus is that the issue raised in the present petition is about the 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 said in its order.

The petitioners sought the Court's intervention in the issue to enable the 28 long-run and well-established aided government law colleges in the State to improve their standards in conformity with BCI's Legal Education Rules, 2008.

It was submitted that these institutions, which were established 50-75 years ago, require upgradation in their functioning to enable them to prevent shortfall in admissions.

It was stated that according to the State government's policy, these aided institutions are being granted one principal and four teachers per class of 120 students. However, as per BCI Rules, one class of students should not exceed the limit of 60 students.

The discrepancy has led to the BCI imposing huge fines on the aided institutions as they are unable to comply with the minimum prescribed standards.

It was submitted that these institutions cannot afford to pay such huge fines to the BCI as they are completely aided by the State government and the fee received by these colleges through admissions is given to the State.

After having considered the submissions the Court directed the Advocate General to look into the issue.

It posted the matter for hearing next on October 23.

Senior Advocate Prakash Jani and advocate Shivang Jani appeared for the petitioners.

Government advocate Manan A Shah represented the State government and the Bar Council of India.