High Court of Judicature at Madras
N. PAUL VASANTHAKUMAR, J.
Sapthagiri Educational Trust
Versus
The State of Tamil Nadu, rep. by its Secretary to Government & Others
W.P.No.1859 of 2013 & M.P.No.1 of 2013
Decided on : 11-04-2014
Educational Trust - Establishment of Law College - Tamil Nadu Societies Registration Act, 1975, Advocates Act, 1961, Tamil Nadu Dr.Ambedkar Law University Act, 1996 - Summary: The court considered the establishment of a Law College by an educational trust and the legal provisions under the Tamil Nadu Societies Registration Act, 1975, Advocates Act, 1961, and Tamil Nadu Dr.Ambedkar Law University Act, 1996. The court highlighted the need for 'No Objection Certificate' from the State Government and the requirements for establishing a Law College, including approval from the Bar Council of India. The court also emphasized the importance of legal education and the interpretation of the Bar Council of India Rules regarding the location of a Law College.
Fact of the Case:
The Sapthagiri Educational Trust filed a writ petition to quash the order of the Government of Tamil Nadu rejecting the request for a 'No Objection Certificate' to establish a Law College. The trust had already established educational institutions and applied for the NOC to expand its activities by establishing a Law College.
Finding of the Court:
The court set aside the impugned order and remitted the matter to the first respondent to consider granting NOC for establishing the Law College without reference to certain objections. The court emphasized the importance of legal education and directed the inspection of the proposed Law College for verification of infrastructural and instructional facilities.
Issues: The issues included the rejection of the NOC request by the State Government, the availability of Law Colleges in Tamil Nadu, and the compliance with the Bar Council of India Rules for establishing a Law College.
Ratio Decidendi: The court considered the legal provisions under the Tamil Nadu Societies Registration Act, 1975, Advocates Act, 1961, and Tamil Nadu Dr.Ambedkar Law University Act, 1996, and emphasized the need for NOC from the State Government and the interpretation of the Bar Council of India Rules regarding the location of a Law College.
Final Decision: The court set aside the impugned order and directed the first respondent to consider granting NOC for establishing the Law College, emphasizing the importance of legal education and the verification of infrastructural and instructional facilities.
1. By consent the writ petition is taken up for final disposal.
2. This writ petition is filed to quash the order of the Government of Tamil Nadu dated 5.11.2012 rejecting the request of the Sapthagiri Educational Trust for issuing 'No Objection Certificate' for the proposed Law College under the name and style of "Sai Ram Institute of Legal Studies" at Poonthandalam Village, West Tambaram, Chennai-44, and for consequential directions.
3. The facts necessary for disposal of this writ petition are as follows:
(a) Sapthagiri Educational Trust was registered with Registration No.132/1994 under Section 10 of the Tamil Nadu Societies Registration Act, 1975, with the object of establishing and administering educational institutions, among other charitable activities.
(b) Petitioner Trust has already established and is administering educational institutions in the field of Engineering Technology, Indian Medicine and also running schools in various places in Tamil Nadu including Chennai, Pondicherry and Bangalore. According to the petitioner, in order to further expand its educational activities, the petitioner Trust established well-equipped and well-reputed Law College/Law Institute in the name and style of "Sai Ram Institute of Legal Studies" at Poonthandalam, which is in the outskirts of Chennai, for which the petitioner has already earmarked more than 10.7 acres of land as per the norms for establishment of a Law College.
(c) It is also stated by the petitioner Trust that in Chennai and in the State of Tamilnadu, sufficient Law Colleges are not available to cater the needs of the students, who aspire for pursuing Law courses. At present Dr.Ambedkar Law College; The School of Excellence, Ambedkar Law University; and one Deemed University are conducting Law courses in Chennai and in the State, apart from seven Government Law Colleges, two private Law Colleges and one Deemed University and one National Law School at Sri Rangam are available. Due to non-availability of sufficient Law Colleges, the students hailing from Tamilnadu are joining Law Colleges in the State of Karnataka and Andhra Pradesh and get Law degrees without proper instructions.
(d) In order to cater the needs of large number of aspirants to become Law graduates, preparatory works had been initiated and completed by the petitioner Trust to establish the proposed Law college as per the Advocates Act, 1961, Rules made by the Bar Council of India, as well as the Tamil Nadu Dr.Ambedkar Law University Act, 1996 and the Regulations made thereunder.
(e) As per the Regulations, if anyone wants to establish a Law College in the State of Tamil Nadu, they have to approach the State Government to obtain its consent by way of 'No Objection Certificate' and only after getting the same, proposal will be considered by the University viz., Tamil Nadu Dr.Ambedkar Law University, which is the affiliating University, other than Deemed Universities. After getting consent of affiliation from the University, the proposal has to be sent to the Bar Council of India, which in turn would grant approval to start Law Degree course/Courses of five years (integrated B.L.degree) with minimum qualification of Plus Two (+2), or three years Law Degree course (B.L.) with eligibility of graduation for admission.
(f) The petitioner Trust applied for issuing NOC/consent from the State Government by application dated 30.1.2010 to commence the Law college from the academic year 2010-2011 with two sections of 60 students each per year of five years Law Degree Course, and a copy of the said application was also sent to respondents 2 and 3 for information and necessary follow up action. The said application was not processed by the State Government. Hence the petitioner was compelled to file W.P.No.15245 of 2011 and prayed for issuing a writ of mandamus to process the said application dated 30.1.2010. The said writ petition was disposed of on 29.6.2011 by this Court with a direction to the fir
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