The main legal point established is the importance of interpreting statutes as they stand and the clear intention of the legislature, as well as the specific application of rules and regulations to different types of educational institutions.

When the 1st respondent/deemed university applied for permission to establish a Law College, the Bar Council of India rejected in view of Rule 18.

2. Two writ petitions were filed, each by the Deemed University. Both were allowed. Against that, two writ appeals were filed, and heard by the Division Bench consisting of

F.M. Ibrahim Kalifulla, J. and S. Tamilvanan, J. They differed in their views and therefore, this matter has been placed before me.

3. The learned Senior Counsel, Mr. R. Thiagarajan appearing for the Bar Council submitted that the power of the Bar Council of India is undisputed and without their per¬mission no degree granted by any College will be of any use to any Advocate since with-out being enrolled by the Bar Council, no one will be entitled to practice. Neither of the respondents has challenged the relevant Rule and therefore, it is evident that they concede the rule making power of the Bar Council of India. It was submitted that there is no repugnancy nor inconsistency between the Tamil Nadu Ambedkar Law University Act (State Act in short) and The Advocates Act, 1961, (Central Act in short) under which the Bar Council of India Rules are framed (Rules in short) and therefore, the issue whether the Central Act occupies the field totally or not, does not require to be answered. The Rule framed by the Bar Council in view of Section 7 of the Advocate Act itself insists upon permission from the State Govt before starting a new Law College, by reference to the State Act. Legislation by reference is one of the accepted modes of legislation and what is in the State Act has been made part of the Bar Council Rules.

4. The learned Senior Counsel referred to Section 7(1)(h) and Section 49 of the Advocates Act. According to him, the Rule is an example of legislation by reference. He submitted that the amended Rule 18(2) of the Bar Council Rules should be read in an harmonious manner and the words "approval of affiliation" should be ignored where university or deemed university is concerned. So according to the learned Senior Counsel the Rule should be read as it is where a Law College or a Dept of Law is concerned, but without the words where University or Deemed University is concerned. If read thus, there would be no difficulty. The permission or no objection from the State which is the requirement under the Dr. Ambedkar Law University Act is a condition, which must be satisfied by the Deemed University.

5. The learned Senior Counsel appearing for the respondents, Mr. G. Rajagopal and Mr. R. Muthukumarasamy submitted that it is not necessary for them to challenge the Rule since it does not apply to them. It was submitted that this is not a case of legislation by reference since in a case of legislation by reference the law which is referred to will be specified. In this case, the Rules merely say that if there is a law requiring such permission, then that condition must be satisfied. The provision in the State Act cannot apply to a Deemed University, which does not require affiliation and therefore, the respondents can justifiably pray for quashing of the impugned order without challenging the constitutionality of the Rule. The learned Senior Counsel submitted that the amended Rule was a clear indication of the abdication of power by the Bar Council of India to the State.

6. The learned counsel appearing for the Student Federation of India supported the case of the Bar Council.

7. The learned counsel appearing for the Dr. Ambedkar Law University submitted that Section 6(2) of the State Act applies to existing Universities and Universities which in¬tend to start colleges and Section 7(1)(m) of the Central Act gives the Bar Council the power to make rules for discharging all the functions mentioned above in the said subsection. This includes Section 7(1)(h), which deals with the promotion of legal education in laying down the standards of education and it is for this purpose that they had laid down the c