Madhya Pradesh High Court warns varsity for offering law courses without BCI recognition

The Madhya Pradesh High Court High Court recently expressed shock when it was told that a central university was admitting students to law courses for over a decade without a valid recognition from the Bar Council of India (BCI).

The Division Bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf was hearing a plea moved by Dr. Hari Singh Gour Central University's two law graduates who said the State Bar Council was refusing to grant them enrolment due to the issue of university's recognition.

The law graduates also sought directions for enrolment as advocate with the Bar Councils.

"We will have to take them to task, how are how are they conducting courses," Justice Sachdeva observed during the hearing on October 22.

The Court then issued notice to the Central government, the university, the State Bar Council and the BCI.

According to Rules of Legal Education, a college or university offering law courses must be recognised with the BCI.

The plea alleged that the university's affiliation for the 3-year and 5-year law courses at the university was valid only until 2010-11 and 2005-06, respectively, and has not been renewed since.

Despite this, the University has continued enrolling and graduating students in these courses, it added.

Aastha Choubey, one of the petitioners, is preparing for the judicial examination and practical experience as an advocate is a requirement for the same in some States.

Another petitioner Aastha Sahu secured a job at a law firm which requires her to submit a State Bar Council registration certificate as part of the conditions outlined in the offer letter.

In particular, the law graduates have highlighted that they are unable to appear for the upcoming All India Bar Examination (AIBE).

"The current situation is such that the last date for filing applications for the All-India Bar Examination XIX conducted by BCI is 25.10.2024, a mandatory qualification for all advocates who wish to enrol themselves in State Bar Councils and with the non-recognition of [University] the degree holders are no longer eligible to appear for the same thus wasting their one year and is even more detrimental for students who are in their 2nd year of enrolment as non-appearance in this exam shall bar them from practicing law," the plea said.

The issue related to the AIBE was also raised during the hearing.

The Court was told that the university's law department has completed the formalities for renewing the recognition and an inspection by the BCI has also taken place.

"Who will get it by that time [AIBE registration]," the Court asked while posting the matter for hearing on November 18.

Advocate Aditya Pachori appeared for petitioner.

[Read Order]