Knowledge Park For Rural Dept., Bombay Public Trust Through Director v. Bar Council Of India Through Its Hon'Ble Chairman And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10125 OF 2017 WITH CIVIL APPLICATION NO.2344 OF 2018 AND CIVIL APPLICATION NO.2321 OF 2017 Knowledge Park for Rural Department ..

Petitioner

Versus

Bar Council of India & Anr.

..

Respondents Mr. Chaitanya Pendse for petitioner Mr. R.S.Apte, Senior Advocate I/b. Bakul Bhosale for the applicant in C.A.W.No.2344 of 2018 Mr. S.N.Biradar for applicant No. C.A.W.No.2321 of 2017 Mr. Anilkumar D. Sale for respondent No.1 Mr. R.A.Rodrigues for respondent No.2 Mr. V.M.Mali, AGP for State - respondent No.3.

CORAM

:

B.R.GAVAI , & M.S.KARNIK, JJ Yogeshwar Bhalchandra Gokhale Yogeshwar Bhalchandra Gokhale Date: 2018.11.02 22:56:26 -0400 DATE :

1st November 2018.

ORAL JUDGEMENT (PER GAVAI, J) Rule. Rule made returnable forthwith. Heard by consent.

2] In terms of an order dated 3rd November 2017, which

notes the permission granted by the State Government and the provisional affiliation granted by the University, the petitioner was permitted to participate in the third round of admissions for L.L.B. (3 years) degree course, subject to further orders passed in the petition. The provisional affiliation was subject to issuance of recognition letter by the Bar Council of India. 3] Subsequently, by an order dated 16th April 2018, the Bar Council of India was directed to inspect the college, which culminated in its issuance of an interim consent letter dated 12th June 2018, whereby approval for the academic year 2018-19 was granted. The university, based on the said interim consent letter of the Bar Council of India, granted first time affiliation to the law college for L.L.B. (3 years) programme, for the academic year 201819.

However, in respect of the Academic Year 2017-18, the Bar Council imposed a condition of requiring the petitioner to make a default payment of Rs. 2 lakhs for the purpose of regularising the course with regard to the academic year 2017-18.

payment of Rs.2 lakhs to respondent No.1 Council vide a demand draft. Mr. Sale, learned Counsel for the Bar Council of India, confirms that the Council has received the said payment. Since the condition imposed in the said interim consent letter issued by the respondent No.1 stands fulfilled, the admissions of the students to the academic year 2017-18 are deemed to be regularised. 5] On instructions, Mr. Rodrigues states that the University has already set in motion the process for enabling the college to conduct the semester I and Semester II examinations of these students, including their regularisation for the academic year 201718. In view of these developments, the University is directed to grant first time affiliation to the college for the academic year 201718, instead of Academic Year 2018-19.

6] It is made clear that the present Order is passed in the peculiar facts of this case, since it pertains to a College, which is an exclusive Women's Law College in the region. Needless to state, this order is not to be treated as a precedent. Petition to stand disposed of in the aforesaid terms, with no order as to costs.

7] Rule is made absolute in the aforesaid terms. No costs. Civil applications, if any do not survive in view of disposal of this petition.

(M.S.KARNIK, J.) (B.R.GAVAI, J.)