BCI Merely Degree-Recognising Body, Can’t Regulate Admissions: Maharashtra Tells Bombay HC.
In a relief to law schools and students in the Maharashtra, Bombay High Court has directed the completion of admission method to law schools for this school year inside the stipulated time while not the Bar Council of India’s consent or approval.
A bench of justice Manjula Chellur and Justice GS Kulkarni passed these directions on Apr twenty in a very PIL filed by one Vibhuti Amarnath Aggarwal. The PIL raises questions on the BCI’s power to manage and limit admissions.
Brief Facts in a very matter relating to the conduct of admissions through the Common Admission method, a bench headed by Justice SC Dharmadhikari asked the state to consult BCI decide the syllabi also as alternative criteria as “it could be neutral in legal legal education”.
Following this judgment of the state supreme court, the authorities did consult the BCI on varied aspects, together with the age-related eligibility criteria also as granting affiliation to colleges.
A letter dated February 22, 2016. was written by the Director of Higher Education issuing certain directions to law colleges regarding admissions to law courses in Maharashtra.
However, when the court directed the state government to file an affidavit taking a stand on Sections 7 (h) and (i) of the Advocates’ Act, 1961, the state government deemed the said provisions to mean that “the BCI has merely consultative and recommendatory role in matter of promotion of legal education and laying down standards of such education”.
The affidavit also stated that although the BCI has the power to recognise a law degree given by a university and for that purpose, it can visit and inspect that particular university, but BCI has no role in regulating individual educational institutions directly. In light of this stand taken by the state, the Director of Higher Education was directed to withdraw the letter.
Court’s Direction Noting that the said letter has been withdrawn by the state government, the court observed: “There shall not be the insistence of consent/approval of BCI for admission. The admission process must complete within the time schedule fixed by the University concerned.