The main legal point established in the judgment is the authority of the Bar Council of India to issue directions regarding the timings for LLB classes, in accordance with the provisions of the Advocates Act, 1961, to ensure high quality legal education and the proper preparation of students for the legal profession.

SANJIV KHANNA, J.

1. This common judgment will dispose of the afore stated writ petitions.

2. The primary challenge in the writ petitions is to the LL.B. admission notice dated 23rd August, 2016 issued by the Head and Dean of the Faculty of Law, University of Delhi, which reads as under:

“23 August, 2016

NOTICE

LL.B. Admission

In pursuance of the decision taken in its meeting held on 20/21 August, 2016 by the legal education committee of the Bar Council of India and the directions given by the Hon’ble High Court of Delhi on 22 August, 2016, it is notified that Admission Process for 1st year LL.B. course, University of Delhi for the session 2016-17 will start from 26th of August, 2016 at 10:30 a.m. for the total number of 2310 seats.

Before coming for Admission, the appellants are required to update the information on the Postgraduate Admission Portal. Those applicants who have already updated the information earlier, are required to update the information again. For the details regarding the schedule, it is requested to kindly check the website www.du.ac.in

Class timing and place of teaching for LL.B. 1st year is as follows at North Campus:-

CLC	8:30 a.m. to 2:00 p.m. (Old Law Faculty Building)
LC-I	2:00 p.m. to 7:30 p.m. (New Law Faculty Building)
LC-II	8:00 a.m. to 1:30 p.m. (New Law Faculty Building)

3. In the Writ Petition (C) No.7059/2016 filed by Rajesh Kumar Rai and Others, the writ petitioners have also prayed for striking down Clause 5 of Schedule-III of Rules of Legal Education 2008 Rules as enacted by the Bar Council of India being arbitrary and violative of the Fundamental Rights. Clause 5 of Schedule-III of the Rules read as under:-

“5. General timing for conduction of courses in Academic Building. Classes may be conducted between 8 a.m. to 7 p.m. in an Institution, which is not fully residential. However, the Library may remain open till 10 p.m.”

4. The petitioners, who are Government employees, are aggrieved by the directions issued by the University of Delhi at the behest and on the asking of the Bar Council of India, fixing the timings for LLB Classes in respect of Law Centre-I, from 2:00 p.m. to 7:30 p.m. instead of earlier timings from 5:55 p.m. to 9:35 p.m. The petitioners being Government employees, it is apparent, may not be able to attend classes during the office working hours. Thus, they would possibly not be able to pursue the degree course which entitles them to enroll and practice as an Advocate.

5. The contention of the petitioner is that the timings for the classes have been arbitrarily fixed and the timings so fixed deny and prevent the petitioners of their right to education. The restrictions placed/imposed by the Bar Council is illogical, capricious and arbitrary. The time restriction is not in the nature of professional or educational standard and has nothing to do with the infrastructure requirement. The Rules being in the nature of delegated legislation can only be framed if such power is conferred by the principal Statute or the main enactment. The timings so stipulated have no bearing or connect with the standard of education. In the alternative, it is submitted that clause 5 of Schedule-III with reference to timings uses the word ‘may’ and therefore, is discretionary and not mandatory. Our attention was also drawn to the affidavit filed by the University in W.P. (C) No. 7059/2016 Rajesh Kumar Rai and Others vs. Union of India and Others, stating that the said University has reservation on implementation of the Clause 5 of Schedule III as enacted by the Bar Council of India, albeit the University was required to implement the condition imposed in the letter dated 23rd August, 2016 issued by the Bar Council of India, copy of which has been enclosed in the said affidavit.

6. The Bar Council of India has contested the said contentions on various grounds