The main legal point established in the judgment is that the amendment to the Bar Council of India Rules, which sought the closure of law colleges exclusively running evening sessions, was not sustainable as it was promulgated without consultation with the Universities in India and State Bar Councils, as required by the Advocates Act, 1961.

J.S.NARANG, J.

1. G. K. Chatrath, a Senior Advocate and who presently also happens to be President of the Punjab and Haryana High Court Bar Association and who claims to have been associated with legal Education in various capacities in Punjab University, Chandigarh as well as in other Universities, and who has been a Fellow of Punjab University for the last 32 years and has been elected as a member of the Syndicate from the Faculty of Law, and further an elected member of the Governing Body of the Indian Law Institute, New Delhi, by way of Public Interest Litigation (CWP No. 7738 of 2000) and the candidates seeking admission to Three Years Degree of Law in the Department of Laws (Evening College), Chandigarh, and who have cleared the Entrance Test and are within the admission zone (CWP Nos. 10363, 10426 and 10517 of 2000), have filed these petitions calling in question amendment to Rule 2 (1) of Section B in Part IV of the Bar Council of India Rules on legal education requiring the law colleges/departments to run only day session from the year 2000-2001 as also to quash the directions issued by the Bar Council of India vide letter dated May 26, 2000, Annexure P-2 being invalid, without legal authority, in colourable exercise of authority and ultra vires the Advocates Act, 1961 as well as Articles 14, 21 and 30-A of the Constitution of India. By this order, we, thus, propose to dispose of all these four writ petitions as common questions of law are involved therein. The facts have, however, been extracted from C.W.P. No. 7738 of 2000.

2. Amended Rule 2 (1) of Section-B in Part-IV of the Bar Council of India Rules (hereinafter referred to as "the Rules") that is under challenge, reads thus :-

"RESOLUTION No. 68/1999; Dt. 24-10-99The amended rule will read as follows :-

2(1). That the Law Education under Section B may be through whole time colleges. All Law Colleges which are exclusively running evening sessions shall switch over to "Day" session during the academic year 2000-2001 failing which they will not be entitled to approval of affiliation by the Bar Council of India. Provided that wherever the college is running evening course, the students who were admitted to the first year in the evening sessions during the academic year 1999-2000 shall be allowed to complete the course."

3 By virtue of the above amendment the Bar Council of India has sought the closure of Law Colleges which are exclusively running evening sessions and the closure is sought to be made effective from the academic year 2000-2001. If any of the colleges does not adhere to the amendment it shall entail non-approval of the affiliation by Bar Council of India. As per the proviso, those students who had been admitted to the 1st year in the evening sessions during the academic year 1999-2000, shall be allowed to complete the course.

4. The Bar Council of India vide its communication dated January 5, 2000, directed the Universities and the Law Colleges in the country including the Department of Laws, Punjab University, Chandigarh, for taking appropriate steps to comply with the amendment promulgated in the rules, within the time frame stipulated. The Bar Council of India further required that an intimation to this effect should be sent by the concerned University/Law colleges.

5. The matter is stated to be taken up by the Academic Committee of Punjab University-respondent No. 3, which is claimed to be specified committee which is concerned with the academic matters of Department of Laws. Upon consideration and deliberations, a consensus was arrived at to the effect that the letter under consideration addressed by Bar Council of India dated January 5, 2000, is not applicable to the Department of Laws, Punjab University, Chandigarh, on the ground that the matter pertains to only those Law Colleges which are exclusively running evening sessions whereas the University is running morning and evening sessions. The consensus arrived at was communicated vide l