HIGH COURT OF KERALA
N.PRAKASH – Appellant
Versus
BAR COUNCIL OF INDIA – Respondent
WP(C) 4114/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 WP(C) NO. 4114 OF 2023 PETITIONER:
N.PRAKASH, S/O.LATE A.NARAYANA RAO, RESIDING AT PRAJITH VIHAR AYINI ROAD, MARADU P.O. ERNAKULAM-682304 5(9) B.A.LL.B SREE NARAYANA LAW COLLEGE POOTHOTTA, ERNAKULAM-
682307, PIN - 682304 BY ADV I.DINESH MENON RESPONDENTS:
1 BAR COUNCIL OF INDIA
21, ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI - 110 002 REPRESENTED BY ITS SECRETARY, PIN - 110002
2 MAHATMA GANDHI UNIVERSITY - M.G.UNIVERSITY REPRESENTED BY ITS REGISTRAR UNIVERSITY BUILDINGS, PRIYADARSINI HILLS P.O UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA KOTTAYAM-686 560, PIN - 686560
3 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY UNIVERSITY BUILDINGS,PRIYADARSINI HILLS P.O UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA KOTTAYAM-686 560
4 SREE NARAYAN LAW COLLEGE POOTHOTTA, ERNAKULAM-682307 REPRESENTED BY ITS PRINCIPAL OTHER PRESENT:
SRI. RAJIT,SC,BAR COUNCIL OF INDIA., SHRI. SURIN GEORGE IPE, SC, M.G. UTY.
SHRI.P.V.ELIAS, FOR SREE NARAYAN LAW COLLEGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
W.P.(C).No.4114 of 2023 ==========================
Dated this the 13th day of February, 2023
JUDGMENT
Petitioner is presently a student of the five year LLB course in the 4th respondent college. He is presently doing the 9th semester of the course. As per Ext.P12 dated 01/02/2023, the University has notified the examinations of the 7th semester. As per Ext.P12, the exam is to commence on 15/02/2023 (day after tomorrow). Petitioner has approached this Court contending that, the mandated minimum number of lecture hours as per the Bar Council of India regulations have not been imparted/satisfied by the College. On the said ground, the petitioner seeks for quashing of Ext.P12 notification.
2. Heard Sri.I.Dinesh Menon, the learned counsel for the petitioner, Sri.Surin George Ipe, the learned Standing counsel for the Mahatma Gandhi University and Sri.P.V.Elias, learned counsel on behalf of the 4th respondent college.
3. The learned Standing Counsel for the College submits that, while it is true that the number of hours as mandated under the Regulations have not been satisfied by the College, in fact the entire portions have been covered.
4. As noticed first above, the petitioner is presently undergoing studies in the 9th semester. Till the exams for 7th semester were notified under Ext.P12, the petitioner had not voiced any grievance anywhere with regard to the insufficiency or non-satisfaction of the number of lecture hours by the College. The examinations are to commence day after tomorrow. I do not think that this is a case where this Court should exercise the discretionary jurisdiction under Article
226 of the Constitution.
The Writ petition is dismissed.
Sd/-
Sathish Ninan, Judge rsr APPENDIX OF WP(C) 4114/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE BAR COUNCIL OF INDIA RULES OF LEGAL EDUCATION PART IV Exhibit P2 TRUE COPY OF RELEVANT PORTION OF COMMON REGULATION FOR THE FIVE YEAR INTEGRATED DOUBLE DEGREE LL.B (HONORS) COURSES PROMULGATED BY THE 2ND RESPONDENT Exhibit P3 THE TRUE COPY OF THE TABLE SHOWING THE DATES OF LECTURE HOURS FOR VARIOUS SUBJECTS DURING 7TH SEMESTER Exhibit P4 TRUE COPY OF THE TIME TABLE FOR THE MONTH OF JANUARY 2023 Exhibit P5 TRUE COPY OF THE JUDGMENT REPORTED IN SATHEESH KUMAR N. AND ORS. VS. MAHATMA GANDHI UNIVERSITY AND ORS. (A.I.R.2016 KER.93)
Exhibit P6 TRUE COPY OF THE JUDGMENT REPORTED IN IN MOHANAN M.E. AND OTHERS V UNIVERSITY OF CALICUT AND OTHERS (2017(1) KHC 658)
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED
30.12.2022 IN W.A.2007 OF 2022 Exhibit P8 TRUE COPY OF THE STATEMENT DATED
16.1.2023 FILED BY THE STANDING COUNSEL FOR THE UNIVERSITY BEFORE THIS HON'BLE COURT IN W.A.NO.2007 OF 2022 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED
17.1.2
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