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Madras High CourtWP/5315/2017disposed of

Mr.K.Elangoo v. The Secretary

2017-03-16Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.5315 of 2017 and W.M.P.No.5638 of 2017 K.Elangoo .. Petitioner Vs.

1 The Secretary Department of Law Government of Tamil Nadu Secretariat, Fort St. George, Chennai-600 009.

2 The Secretary Department of Finance Government of Tamil Nadu Secretariat, Fort St. George, Chennai - 600 009.

3 The Secretary Bar Council of India No.21 Rouse Avenue Institutional Area New Delhi-110 002.

4 The Secretary Bar Council of Tamilnadu & Puducherry Madras High Court Campus Chennai-600 104.

5 The Vice Chancellor The Tamil Nadu Dr. Ambedkar Law University No.5 Dr.D.G.S Dinakaran Salai Poompozhil, Raja Annamalai Puram Chennai-600 028.

6 The Director of Legal Studies Purasawalkam High Road Kilpauk,Chennai-600 010.

7 The Principal Dr.Ambedkar Government Law College Chennai High Court Building Campus NSC Bose Road,Parrys Chennai- 600 104.

8 The Principal Government Law College, Chengalpattu Thirumeni Road, Chengalpattu- 603 001.

9 The Principal Government Law College, Tiruchirappali Race Course Road, Khajamalai, Tiruchirappali- 620 023.

10 The Principal Government Law College, Madurai Dr.SVKS Thangaraj Salai Road Tallakulam, Madurai- 625 020.

11 The Principal Government Law College, Coimbatore Maruthamalai Main Road, Bharathiyar University Post Coimbatore- 641 046.

12 The Principal Government Law College, Tirunelveli Thiruchendur Road, Tirunelveli.

13 The Principal Government Law College, Vellore Gandhi Nagar(West), Katpadi, Vellore- 632 006.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondent 1 to 4 to provide adequate infrastructure and facilities to the students studying in the 7th to 13th Respondent College as per the Rules of Education 2008 and guidelines issued by the Bar Council of India to have quality legal education. For Petitioner : N.Senthilkumar For Respondents : Mr.M.K.Subramanian Government Pleader for respondent Nos.1,2,5,6 to 13

ORDER

(Order of the Court was made by the Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents 1 to 4 to provide adequate infrastructure and facilities to the students studying in the 7th to 13th respondent College as per the Rules of Education, 2008 and guidelines issued by the Bar Council of India to have quality legal education.

2. It is the case of the petitioner that he is a practicing Advocate and he had visited respondent No.8 Law College, where he noticed deficiencies and inadequate infrastructure. In this regard, on 18.4.2016, the petitioner sent a representation to the first respondent to take action to improve the facilities and also provide adequate infrastructure to the students studying in respondent Nos.7 to 13 (Law Colleges). The first respondent has forwarded the said representation to the fourth respondent. As there was no action, the petitioner filed W.P.No.26655 of 2016 and later the said petition was withdrawn. On 19.11.2016, the petitioner sent a representation to the fourth respondent, followed with a reminder representation dated 15.12.2016. The fourth respondent forwarded the representation of the petitioner to the third respondent for action. Since the respondents have failed to take action, the petitioner has filed the writ petition seeking the relief stated supra.

3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1, 2, 5, 6 to 13.

4. The Bar Council of India enacted Rules of Legal Education to improve the minimum standards of legal education and recognition of degrees in law for the purpose of enrolment as Advocate. The University Grants Commission (Affiliation of Colleges by Universities) Regulations, 2009 has also issued certain regulations. As per Clause 3.1.5 of the above said regulations, it is the duty of the University and the respective College to provide adequate essential civic facilities like drinking water, electricity, ventilation, hygienic toilets and sewerage facilities. As per Clause 6 of Schedule III of the Rules of the Legal Education, 2008 issued by the Bar Council of India, there should be adequate space in the library for computer facility with access to internet, national and international library access and the library shall have a set of All India Reporter Manual, Criminal Law Journal, SCC, Company Cases, Indian Bar Review, selected judgments on professional ethics and journals etc.

5. The say of the petitioner however is that the Government

Law Colleges in Tamil Nadu do not have adequate infrastructure/civic facilities as contemplated under the above said Rules issued by the Bar Council of India and the UGC Regulations and only when the above infrastructure and facilities are provided, the students will have a quality education.

6. The quality of legal education obviously has a direct impact on the prestige of the legal profession. If proper facilities are not provided to students pursuing legal education, certainly it will have an adverse effect in turn on the legal profession and the society at large.

7. A perusal of the documents filed show that the petitioner's representation seeking infrastructural facilities has already been forwarded to the authority concerned/Bar Council of India only on 20.12.2016 by the Bar Council of Tamil Nadu and Puducherry for taking necessary action, as the Bar Council of India has framed rules for imparting quality legal education. It is the grievance of the petitioner that till date no effective action has been taken on the same.

8. In our considered opinion, it is for the respondent authorities to look into the matter of providing infrastructural facilities and good legal education to the students studying in respondent Nos.7 to 13/Law Colleges as per the rules and this Public Interest Litigation at this stage is too premature.

9. For the foregoing reasons, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

1 The Secretary Department of Law Government of Tamil Nadu Secretariat, Fort St. George, Chennai-600 009. 2 The Secretary Department of Finance Government of Tamil Nadu Secretariat, Fort St. George, Chennai - 600 009. 3 The Secretary Bar Council of India No.21 Rouse Avenue, Institutional Area New Delhi-110 002.

4 The Secretary Bar Council of Tamilnadu & Puducherry Madras High Court Campus , Chennai-600 104.

5 The Vice Chancellor The Tamil Nadu Dr. Ambedkar Law University No.5 Dr.D.G.S Dinakaran Salai Poompozhil, Raja Annamalai Puram,Chennai-600 028. 6 The Director of Legal Studies Purasawalkam High Road, Kilpauk,Chennai-600 010. 7 The Principal Dr.Ambedkar Government Law College Chennai High Court Building Campus NSC Bose Road,Parrys,Chennai- 600 104.

8 The Principal Government Law College, Chengalpattu Thirumeni Road, Chengalpattu- 603 001.

9 The Principal Government Law College, Tiruchirappali Race Course Road, Khajamalai, Tiruchirappali- 620 023. 10 The Principal Government Law College, Madurai Dr.SVKS Thangaraj Salai Road Tallakulam, Madurai- 625 020.

11 The Principal Government Law College, Coimbatore Maruthamalai Main Road, Bharathiyar University Post, Coimbatore- 641 046. 12 The Principal Government Law College, Tirunelveli Thiruchendur Road, Tirunelveli.

13 The Principal Government Law College, Vellore Gandhi Nagar(West), Katpadi, Vellore- 632 006. +1cc to Mr.N.Senthil Kumar, Advocate, SR.No.16486 +1cc to Government Pleader, SR.No.17048 W.P.No.5315 of 2017 AK(CO) GN(04/04/2017)