ASHA PATWA Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this Probono Publico petition in the larger public interest for ensuring the compliance of rules framed by the Bar Council of India from time to time in the Govt. Nehru Degree Law College, Ashok Nagar, M.P.

(2.) In nutshell it is contended that there is Nehru Degree Law College at Ashok Nagar, which is being run by Jan Bhagidari Samiti and the Government is trying to appoint law teachers in Govt. Nehru Degree College as guest faculty teachers in violation of the rules framed by Bar Council of India without caring the standard of education in the field of law, whereas as per rules framed by the Bar Council of India are binding upon the respondents for running the law college. The Government vide circular dt. 28-3-2001. the Government has prepared a self financing scheme for settling ratio of teachers and students and on the basis of the aforesaid scheme the College is being managed by the respondents from the funds of self financing scheme and it is further contended that as per the rules framed by the Bar Council of India, under Section 49 of the Advocates Act and as per the rules every college is duty bound to engage full time principal and law teachers and they are required to pay the pay scales recommended by the UGC to the teachers of these law colleges. Four full time law teachers are working in the law college and they are working as per the norms of the UGC. The inspection of the said college was made by the Bar Council of India and submitted its report to the Registrar of Jiwaji University on 28th July 2005. As per the aforesaid report teachers appointed on contract basis have to be paid the pay scale approved by the U.G.C. through bank cheque and an affidavit was required to be filed by the college authority on or before 31st January 2006. The petitioner's further grievance is that respondent No. 2 issued a circular dt. 2-7-2005 laying down the procedure for appointment of Guest Faculty teachers but their contention is that the aforesaid circular is not applicable in the law colleges but taking the shelter of the aforesaid circular the respondent No. 3 has issued an advertisement inviting applications for appointing law teachers as Guest Faculty, which is contrary to rules framed by the Bar Council of India and because of that the recognition of the institution has come under suspicion and apprehension is that if the teachers are appointed on the basis of Guest Faculty policy, the recognition of the college will be cancelled by the Bar Council of India as the same has been done in the case of M.L.B. College Gwalior and has prayed the relief in the petition that the respondents be directed to ensure the compliance of Part 4 of the Bar Council of India Rules for maintaining standards of legal education in the Govt. Nehru Degree Law College Ashok Nagar (M.P.) and to further issue direction restraining the respondents from making appointments of Law Teachers either as daily wager, casual or part time, Guest Faculty. He further prayed that directions be issued for making appointments of full time Principal and Law Teachers on payment of regular salary on the basis of UGC pay scales.

(3.) Respondents No. 3 and 4 Principal/ Secretary Jan Bhagidari Samiti and President, Jan Bhagidari Samiti of Govt. Nehru Degree College have filed their reply and it was contended on behalf of the State Government that in view of the reply/return filed by the respondents No. 3 and 4, the respondent/State does not want to file return,