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2020 Supreme(Bom) 319

A.S.CHANDURKAR, AMIT BORKAR
Rashtrasant Tukdoji Maharaj Nagpur University – Appellant
Versus
State of Maharashtra, Department of Higher and Technical Education – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri M.G. Bhangde, Senior Advocate with Shri P.B. Patil
For the Respondent:Shri J.Y. Ghurde, Assistant Government Pleader, Shri A.S. Jaiswal, Senior Advocate with Shri K.R. Narwade

JUDGMENT :

The validity of Rule 2(xxiv) of the Rules of Legal Education- 2008 as framed by the Bar Council of India has been challenged in this writ petition filed under Article 226 of the Constitution of India as being ultra vires the rule making power of the Bar Council of India under the Advocates Act, 1961.

2. RULE. Rule made returnable forthwith and heard the learned counsel for the parties at length.

3. The petitioner no.1-Rashtra Sant Tukdoji Maharaj Nagpur University (for short, ‘the University’) is a State University governed by the provisions of the Maharashtra Public Universities Act, 2016. The petitioner no.2-Rashtra Sant Tukdoji Maharaj Nagpur University’s Dr.Babasaheb Ambedkar College of Law (for short, ‘the Law College’) is a college that is being conducted by the University. The Law College has been conferred the status of “Permanent Approved College” by the Bar Council of India in 1995 as per the law prevailing then. This fact was communicated to the Law College by the Bar Council of India on 30.11.1995. According to the Bar Council of Maharashtra & Goa there were two categories of law colleges in the State of Maharashtra. Some law colleges were permanently approved w

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