JUDGMENT

N. Kotiswar Singh, J. - ''All is not well'' in Jnanadabhiram Borooah Law College it seems. Unlike Shakespearean Hamlet who doubted ''some foul play'', there seems to be something really amiss in the affairs of Jnanadibhiram Barooah Law College and the manner in which the State Government has acted, as would be revealed in this petition.

2. The present writ petitions dealing with the State intervention in the affairs of a law college which would have been passed off as a routine dispute before this Court, however, have spawned certain issues of seminal importance.

3. The important question which arises for consideration in these petitions is the scope and extent of the power of the State Government to interfere with the management of a private law college which does not receive substantial financial assistance from the State Government and thus, is not financially dependent upon the State Government for its proper functioning.

The college in question is Jnanadabhiram Barooah Law College. The alleged mismanagement by its Governing Body was under an interventionist scrutiny of the State Government, which State action is under examination of this Court in turn.

4. This perhaps is also the first instance where the governing body of a private law college has been placed under suspension by the State Government on the ground of alleged mismanagement, and as such there seems to be no precedence of the issue raised.

5. The controversy, however, has assumed significance for the reason that it relates to the functioning of a law college. The importance of proper functioning of a law college does not require any elaborate explanation. It can be gauged from the fact that the law colleges/institutes in this country ultimately form the foundation of an efficacious judicial system. The Bar and Bench which form the bedrock of the Indian legal system are almost entirely dependent on the products of these law colleges. It is only those who successfully graduate from these law colleges recognised by the Bar Council of India that they are entitled to practice law in this country and also to join the judicial services. It, therefore, goes without saying that only a properly managed law college can produce future quality lawyers and judges. Seen from this perspective, the question raised in these petitions assumes enormous importance and can be meaningfully examined by considering the role of the Bar Council of India, which unfortunately was conspicuously absent during the run up leading to the impugned State action.

6. Jnanadabhiram Borooah Law College (hereinafter referred to as J.B. Law College) was established by the Jnanadabhiram Barooah Law College Society in the year 1969. The Society was registered in the year 1983 under the Societies Registration Act with the Registrar of Societies, Assam, vide Registration no.739 of 1983-1984. The College initially imparted law education only in the three years LL.B. course and at present also offers five years integrated LL.B. and LL.M courses. The College is affiliated to Gauhati University and is recognised by the Bar Council of India. "No-objection certificate" for opening the five years integrated LL.B course was granted by the State Government in 2006 on an application made by the College.

7. In these writ petitions, the Petitioners have challenged the Order dated 29th July/2019 bearing No. PC/HE/Misc.118/2017/46, issued by the Director of Higher Education, Assam (Respondent No. 2), inter alia, placing the Governing Body of the College under suspension with immediate effect.

The impugned order reads as follows: