Uttarakhand HC directs state to start NLU Uttarakhand by September [Read Judgment]

The High Court of Uttarakhand has ordered the state government to ensure that the National Law University (NLU) at Uttarakhand starts functioning within three months..To this end, the Court has directed that the NLU’s first Academic Session commence from September 2018..The Bench of Justices Lok Pal Singh and Rajiv Sharma issued the directions while disposing of two PILs filed on the matter..The University was expected to come up at Bhowali, Nainital in accordance with Section 3 of the NLU (Uttarakhand) Act, 2011. However, the authorities found that the area did not have adequate land for the establishment of the NLU. Initial efforts to shift the site to Pant Nagar of District Udham Singh Nagar did not meet with success, as submitted by the state..However, following a 2014 order of the High Court, a district judge at Udham Singh Nagar revealed that about 1800 acres of land was available in the area. This was more than the required area of 10 acres..Having overcome this obstacle, the Court saw it fit to issue the following directions to ensure that the NLU begins its operations within three months:.The State Government is directed to start the National Law University in the State within three months from today.The respondent-State is directed to run the University from the government buildings or by hiring a private accommodation at a reasonable rate.The State of Uttarakhand is directed to raise construction for the University preferably in Tarai area including in District Udham Singh Nagar where the government land measuring about 1800 acres is available.The first academic session shall start from September, 2018. Necessary permission shall be obtained by the National Law University from the Bar Council of India.The State must frame Regulations as per the Universities Act within a month from the date of the order.All the appointments in the University shall be made as per the Universities Act and the Regulations, framed thereunder, within a period of three months including appointment of teaching faculty and ministerial staff..The Court also took note of Senior Advocate CD Bahuguna’s initiative to pay Rs 1 lakh towards creating a corpus for running the University. In view of the same, the Court directed as follows,.“We authorize Mr. Bahuguna to collect the donations from the Members of Bar, public at large, including Judges of this Court within three months. We also request Mr. Bahuguna to open a separate fund for collecting the donations. The amount shall be received only by way of cheque/draft/NEFT.”.Laudable Object of NLU Act defeated by the Rigmarole of Redtapism .While rendering the judgment, the Court also made note to express its concern over the delay in implementing the NLU of Uttarakhand Act, 2011. As observed in the order,.“The laudable object, to be achieved by the enactment, has not been achieved by the State functionaries…The students of the State of Uttarakhand are also to be imparted quality legal education. There is dearth/shortage of law universities. The purpose of establishment of the National Law University was to enhance the standard of legal education.”.Taking a critical view of the consistent stand of the state that there is no land available in Bhowali or Pant Nagar to establish the University, it has been remarked,.“It may be that the land is not available at Bhowali but it is difficult to believe that the land is not available in the entire State for the establishment of the University.”.Further, the Court noted that the problems cited by the authorities in setting up the NLU could have been overcome if the state were more inclined to do so..“There are always teething problems as and when a new establishment including a University is to be set up. This could be overcome if there was a will of the State to establish/start the University as per Section 3 of the Act of 2011. .The University could be established and thereafter the classes could start in any government building or rented accommodation. Though the Library is sine qua non for the National Law University but the Court can take judicial notice of the fact that due to advancement in technology, the students can download the judgments from internet including the statutes. The compact disks are available including all international standards law publications i.e. Supreme Court Cases, A.I.R. KANOON etc.”.The Court has proceeded to observe,.“The laudable object of the University has been frustrated in the rigmarole of redtapism. The State machinery should have been sensitive to establish the University in the right earnest at the earliest. The present public interest litigation is pending for last 4 years. The brilliant students of the State have been deprived from getting the standard legal education under the National Law University.”.Read Judgment: