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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, SHAMIM AHMED
KMC College of Law, Represented by Correspondent, Aruna Sreedevi G. – Appellant
Versus
State of Tamil Nadu Represented by its Secretary Law Department – Respondent
| Table of Content |
|---|
| 1. arguments regarding application processing by bci (Para 4 , 6) |
| 2. court's analysis of bci's moratorium and policy changes (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. direction to bci for processing applications (Para 17) |
| 4. final order disposing of writ petitions (Para 18) |
ORDER :
1. In all these writ petitions, the respective writ petitioners are Centers for Legal EducationIn short, hereinafter referred as “CLE” , commonly known as Law Colleges.
2.2. The BCI will independently process the application, to be submitted by the Educational Agency for starting the CLE and, on the basis of the input send by the University through affiliation or consent for affiliation, as well as the No Objection Certificate by the State Government and after having conducted an inspection by the team of experts to be sent by the BCI, the approval process would be completed and wherever there are deserved cases, such approval would be granted by the BCI. In order to complete this process, separate fee would be collected by the BCI.
3.1. Here, as far as the present cases are concerned, all the present petitioners are existing Law Colleges, that is CLEs. They want to get approval for
The Bar Council of India must process applications from existing law colleges for additional intake based on merit, not a blanket moratorium, ensuring compliance with infrastructural standards.
The court mandated the Bar Council of India to process applications for additional law school intake within a specific timeframe, asserting that existing institutions should not be hindered by a mora....
Educational institutions - Approval and affiliation - Order of "additional Affiliation/consent of affiliation - Denial of additional affiliation/consent for affiliation to the Nehru Academy of Law is....
The main legal point established in the judgment is that the University's actions in limiting the intake of students and insisting on a NOC from the State Government were arbitrary and not justified ....
The main legal point established in the judgment is the distinction between the Bar Council of India's functions under Section 7(1)(h) and (i) of the Advocates Act, and the prohibition of offering ce....
THE BASEMENT AREA CAN BE INCLUDED IN THE FAR ONLY WHEN THE SAME IS USED FOR THE ACTIVITY FOR WHICH THE NECESSARY SANCTIONS AND CLEARANCES HAVE BEEN TAKEN FROM THE CONCERNED AUTHORITIES.
Education Law - Enhancement of seats - As per norms of Kerala University of Health Sciences, maximum seat capacity fixed for B.Sc. (MLT) is 30 - Expert Committee did not recommend for granting no-obj....
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.
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