Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, K.C.BHANU
C.R.Reddy Law College Employees Association, Eluru, W.G.District - Appellant
Versus
Bar Council of India, New Delhi - Respondent
W.A.No.1498/02
Decided On : 07-27-04
Advocates Appeared :
Mr.K.Chidambaram, Ms.L.Sudha Rani, Mr.T.Rajendra Prasad, Mr.K. Ramesh Babu, Mr.T.S. Harinath, Mr.K.C. Kodanda Ram
In this case, complaint of Management of College is that it has become impossible to run College on account of ever decreasing admission of students into course resulting in huge financial loss.
Education Act, Sec.26 - No permission is required to closedown or discontinue any private educational institution - What is required is issuance of notice of not less than one academic year expiring with end of any academic year expressing or indicating intention to closedown institution - Management, accordingly issued notice expressing its intention to closedown Law College - Contention that College cannot be closed down without prior approval or permission of competent authority - Unsustainable.
Bar Council of India Rules - Law does not require any prior permission or approval as such from Bar Council of India to closedown Law College - Employees of college not entitled to any prior notice or hearing from Bar Council of India to consider request of Management of College not to extend any further affiliation to Law College - Bar Council of India cannot compel any individual or agency or society to establish Law College nor can compel any one to continue same what ever be situation - Impugned order of Bar Council of India - Justified.
Constitution of India, Art. 226 - Writ of Mandamus - Court cannot issue any Mandamus directing Management of College to continuously run Law College irrespective of inconvenience and financial implications involved - Directions cannot be issued by High Court compelling any private Management to run educational institution for sake of its employees - View taken by learned single Judge - Fully justified - Writ appeal, dismissed.
( 1 ) THE unsuccessful writ petitioners are the appellants in this writ appeal. Learned single Judge dismissed the writ petition filed by the appellants challenging the order of the 1st respondent-Bar Council of India, dated 15-7-2002, permitting the closure of sir C. R. R. Law College, Eluru. Hence, this appeal.
( 2 ) THE 7th respondent, Sir C. R. R. Law college, Eluru, was established by the management of Sir C. R. R. College, Eluru, (for short the Management of the College ) in the year 1977. The Government of Andhra pradesh vide G. O. Ms. No. 943 (Education) dated 22-9-1977, accorded permission to start law course in Sir C. R. R. College, Eluru, by the Management of the said College subject to certain terms and conditions which are not required to be noticed in detail. The andhra University vide its proceedings dated 2-1-1984 granted permanent affiliation. Initially the Law College was running 3 year law degree course and thereafter 5-year law degree course was introduced. That so far as the 5 year Law degree course is concerned, its strength is 400 (One Section of 80 candidates for each year ). The university Grants Commission appears to have extended financial assistance for the purpose of establishing a Library. The college had an attached hostel maintained out of the aid given by the Government. For whatever reasons, the Management of the college had ordered closure of the hostel with which we are not concerned for the present in this writ appeal.
( 3 ) THAT according to the appellants, the closure of the hostel resulted in substantial depletion in the admissions of students into both 5 year and 3 year Law degree courses. The closure of the hostel was a device adopted by the Management of the College to closedown the Law College without any reason or justification.
( 4 ) THE Management of the College vide its application dated 25-6-2001 sought permission to closedown the 5-year LL. B. degree course besides stopping the admission in the first year during 2001-2002 academic year. According to the Management of the college, it was incurring huge deficit year after year and unable to bear the increasing burden in spite of the best intentions to serve the society and the students at large. The details of decreasing trend in admissions in the 5-year law degree course, year by year have been furnished. The details of financial implications involved in the matter were also stated in the application.
( 5 ) THE Bar Council of India having considered the representations made by the management of the College dated 2-7-2001 and 2-3-2002 regarding 3-year Law degree course and the representation dated 27-5-2001 regarding 5-year Law degree course, accorded its approval to permit the management of the College to closedown the 3-year and 5-year Law degree courses with effect from 2002-2003. The decision of the Legal Education Committee taken at its meeting held on 28th and 29th June, 2002, permitting the Management of the College to closedown the 3-year and 5-year Law courses imparted in the College were accordingly communicated to the management of the College. That order is impugned in the writ petition.
( 6 ) THE case of the appellants is that the decision of the 6th respondent management of the College to close the law College is absolutely without any basis. The Management of the College had treated the Law College as a commercial venture and no interest was shown to continue the Law College. The decision of the Bar Council of India in according permission to closedown the Law College is contrary to the public interest apart from being opposed to the objects underlying the Advocates Act, 1961, and the rules governing the functions of the Bar Council of India.
( 7 ) THE Management of the College filed a detailed counter-affidavit inter alia explaining the circumstances, which led to the decision taken by the Managing committee to close the Law College. The main plea taken by the Management of the college is
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