- (1.)Petitioners in this Original Petition seek for a declaration from this Court that the proposed commencement of an Evening L.L.B. Course of three year duration by the Cochin University of Science and Technology, the 2nd respondent herein is patently illegal and violative of the provisions of the Advocates Act and also contrary to the provisions of the Cochin University of Science and Technology Act. Petitioners also pray for issuance of a writ of mandamus forbearing the respondents from admitting any student to the aforesaid classes without getting permission in writing of the Bar Council of India, the 4th respondent and the 5th respondent, Bar Council of Kerala. Petitioners further seek consequential reliefs also.
(2.)The first petitioner is a final year student of law in the Government Law College, Ernakulam and 2nd petitioner is an advocate practising in this Court. According to them, they are interested in maintaining a high standard of legal studies in the country and the prevention of opening law colleges without any infra-structure and contrary to the statutory rules framed under the Advocates Act. It is the case of the petitioners that without the specific permission from the 5th respondent, 2nd respondent is about to start an evening college in the University and the formation of such a college had been announced through newspapers and applications have been invited for the said course. It is the case of the petitioners that opening of law college without specific sanction from the 4th and 5th respondents is completely in contravention of the very scheme of establishment of Cochin University of Science and Technology and is non conducive to public interest. Petitioners further averred that it will also affect the high standards of legal education required to be maintained. It is the further case of the petitioners that according to the provisions contained in the Cochin University First Statute and under the Faculty of Law, there are only two degrees that can be offered by the University, viz. Master of Law and Doctor of Law. Petitioners further averred that there is no amendment brought out in the Statutes in or other provisions of the Cochin University First Statute empowering or enabling the 2nd respondent to start a degree course. It is the case of the petitioners that the commencement of a course for grant of a degree in Law is not contemplated under the Statute. Petitioners further averred that before commencement of such a course, it is mandatory that the permission of the Bar Council of India and that of Bar Council of Kerala should be obtained and none of the pre-conditions are satisfied by the 2nd respondent in taking a decision to establish a new Evening Law College. According to the petitioners, the decision to start a new Law College offering LL.B. Course by the 2nd respondent is contrary to the Bar Council of India Rules. They also made special reference to R.16 and 20 of the Rules and according to them, without getting prior approval and sanction from the Bar Council of India, no law college can be established by any person including the 2nd respondent. They have also stated in the Original Petition that the fee prescribed by the 2nd respondent for the said course is highly exorbitant comparing with the fees now levied by the Government Law Colleges in the State. With the above averments, petitioners move this Original Petition before this Court for the reliefs that are referred to above.
(3.)On receipt of notice from this Court, on behalf of 2nd respondent, a detailed counter affidavit has been filed in the case by the Registrar of the 2nd respondent University. According to the 2nd respondent, the LL.B. Course started in the existing Law Department of the Cochin University of Science and Technology is perfectly justified and no interference is called for by this Court in this proceedings. The existing Law Department of Cochin University of Science and Technology is a recognised professional law college by virtue of R.1(2)(a) of Part IVB of the Bar Council of India Rules. According to the counter affidavit, the University does not intend to start any new law college, but the Law Department of the Cochin University of Science and Technology offers the LL.B. Evening Course for the Department of Law already established by the University and no law prohibits starting of three year LL.B. Course in the Department of Law. It is also stated in the counter affidavit that the Board of Studies, Faculty of Law, the Academic Council and the Syndicate of the University had approved the starting of LL.B. Course and the LL.B. degree has been instituted by the Academic Council. It is the further case of the 2nd respondent that the course and college had been affiliated to the University and according to the Advocates Act and the Bar Council of India Rules, the approval of the affiliation to the University is necessary only for starting a new college. It is the further case of the 2nd respondent that though no previous sanction from the Bar Council of India is necessary for starting the three year LL.B. Degree Course by the Law Department, the Cochin University of Science and Technology had already taken steps to inform the Bar Council of India, . the proposal to start the LL.B. Course and necessary applications had been submitted to the Bar Council of India by the Registrar of the University on 22-11-1994. It is the further case of the University that under C1.2(ii) of the Cochin University of Science and Technology Act, based on the provisions of facilities and offering of opportunities for graduate and post-graduate education in social sciences, by instruction, training, research and development of extension and by such other means as the University deems fit are among the objectives of the University. It is the case of the University that LL.B. Course offered by them gives a means to achieve the objectives of the University and it offers subjects relevant to the changing needs of the society such as environmental law, consumer law, law science and technology, intellectual property rights and maritime law. It is also stated that Statute 117 of the University First Statute, confers the University to offer other degrees or diplomas as may be instituted from time to time in the Faculty of Law. The LL.B. Degree was instituted by the Academic Council of the University of Science and Technology in its meeting held on 15-2-1994 and Statute 117 enables the University to start a degree course other than those mentioned in Statute 112 by instituting the degree by the Academic Council. According to the respondent, no approval from the Bar Council of India is necessary for starting the LL.B. Course. The University Law Department had been in existence from the year 1963 onwards and the Department has been offering post-graduate course in Law and also Ph.D. programme as the post-graduate diploma courses. Therefore, it is the case of the 2nd respondent that when such a Department offers LL.B. Course, there is no need for any permission from the Bar Council of India to offer such course. The 2nd respondent further stated in the counter affidavit that the LL.B. Course is offered in the Cochin University Law Department. Facilities for library and clinical legal education are available in the Department. It is also averred that the Cochin University Law Department has one of the best libraries in India. It is the further case of the 2nd respondent that neither R.16 or 20 of the Bar Council of India had been violated. Necessary applications had already been forwarded to the Bar Council of India as early as on 22-11-1994 in the form prescribed by the Bar Council with necessary amount demanded by them for inspection by the Bar Council of India. The course now offers in the Department contains many optional papers which other law colleges in the State are not offering. The optional prescribed under the curriculum is approved by the Academic Council in its meeting held on 25-8-1993 and the same was notified in the gazette dated 8-12-1993, which is produced as Ext.R2(a). In the counter affidavit, 2nd respondent also has stated that no prior sanction or approval is warranted as per the Advocates Act or Bar Council of India Rules from the Bar Council of India or from the State Bar Council to institute a course in the Law Department of the University. It is the case of the 2nd respondent that the approval of the affiliation required under the Bar Council of India Rules is only for enrolment of the successful candidate as an advocate under the Advocates' Act. It is the case of the 2nd respondent that permission of the Council becomes necessary only in respect of newly started college. The 2nd respondent justified the demand of higher fees also. The respondent produced Ext.R2(c) decision of the Academic Council dated 15-2-1994 wherein they had instituted the LL.B. Course (three year) in the University. According to the University, the Academic Council considered the recommendation of the standing committee for instituting the LL.B. (Evening) Course. The Academic Council also instituted degrees/diploma for the LL.B. (Evening) course as per Ext.R2(c). Therefore, according to the University, no further sanction is necessary from any of the University Authorities for starting the three year LL.B. (Evening) Course in the Law Department attached to the University. It is further stated that the course offered by the University is not for the purpose of enrolment alone, but also for the purpose of conferring Academic degree to the successful candidates. Therefore, the 2nd respondent submits that no interference by this Court is called for in this proceedings under Art.226 of the Constitution of India.
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