The case in the Supreme Court relating to the establishment of private law colleges in Tamil Nadu has been posted for hearing in the second week of March..A Bench of Justices Arun Mishra and Mohan Shantangoudar, while adjourning the matter, made some interesting remarks regarding the mushrooming of private law colleges..“You cannot open (private law) colleges like this. There should be some restrictions. One person cannot have ten children”, remarked Justice Arun Mishra..The Bench also said that the matter needs to be heard, and directed the respondents to furnish details about the number of private law colleges in Tamil Nadu..Mishra J further remarked that state government has a considerable say in such issues, observing that the state’s permission and affiliation to a University are required for opening law colleges..The case is an appeal filed by the state of Tamil Nadu against a judgment of the Madras High Court, by which it had quashed the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014..The Tamil Nadu government had passed the Act in 2014 to prohibit the establishment of private law colleges in the state. The preamble of the Act stated that that the government has taken a decision to establish adequate number of government law colleges and private persons are not able to provide legal education at affordable costs to economically and socially weaker sections of the society..The Constitutionality of the Act was challenged in the Madras High Court. In a judgment delivered by Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan on October 26, 2016, the High Court had struck down the Act holding that it directly impinges upon the fundamental right to carry on a trade, business and occupation guaranteed by Article 19(1)(g)..Tamil Nadu has appealed against this decision in the Supreme Court.
The case in the Supreme Court relating to the establishment of private law colleges in Tamil Nadu has been posted for hearing in the second week of March..A Bench of Justices Arun Mishra and Mohan Shantangoudar, while adjourning the matter, made some interesting remarks regarding the mushrooming of private law colleges..“You cannot open (private law) colleges like this. There should be some restrictions. One person cannot have ten children”, remarked Justice Arun Mishra..The Bench also said that the matter needs to be heard, and directed the respondents to furnish details about the number of private law colleges in Tamil Nadu..Mishra J further remarked that state government has a considerable say in such issues, observing that the state’s permission and affiliation to a University are required for opening law colleges..The case is an appeal filed by the state of Tamil Nadu against a judgment of the Madras High Court, by which it had quashed the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014..The Tamil Nadu government had passed the Act in 2014 to prohibit the establishment of private law colleges in the state. The preamble of the Act stated that that the government has taken a decision to establish adequate number of government law colleges and private persons are not able to provide legal education at affordable costs to economically and socially weaker sections of the society..The Constitutionality of the Act was challenged in the Madras High Court. In a judgment delivered by Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan on October 26, 2016, the High Court had struck down the Act holding that it directly impinges upon the fundamental right to carry on a trade, business and occupation guaranteed by Article 19(1)(g)..Tamil Nadu has appealed against this decision in the Supreme Court.
