Shruti Bedi v. Panjab University And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-13091-2023 (O&M) Date of decision : 22.11.2023 SHRUTI BEDI

...Petitioner

Versus

PANJAB UNIVERSITY, SECTOR 14, CHANDIGARH THROUGH ITS VICE CHANCELLOR AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Dr. D.S. Patwalia, Senior Advocate with Mr. Kannan Malik, Advocate for the petitioner.

Mr. Akshay Kumar Goel, Advocate for respondents No.1 to 4.

Mr. Rajiv Atma Ram, Senior Advocate with Mr. R.K. Hooda, Advocate Ms. Sanah Sahni, Advocate Ms. Shreya Kaushik, Advocate and Ms. Rahat Sekhon, Advocate for respondent No.5.

Mr. Rahul Pandey, Advocate and Mr. Abhay Gupta, Advocate for respondent No.6.

Mr. Dinesh Kumar, Advocate and Mr. Arvind Gulav, Advocate for respondents No.7 and 8.

HARSH BUNGER, J.

Petitioner (Shruti Bedi) has filed the instant writ petition under Articles







 

 









  

 
 


 


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he Bar Council of India is constituted under Section 4 of

the 1961 Act and is a body corporate having perpetual succession and a common seal. The functions assigned to the Bar Council of India are enumerated in Section 7 of the Act wherein Section 7(1)(h) of the 1961 Act, reads as follows:- "7. Functions of Bar Council of India:- (1) The functions of the Bar Council of India shall be - (h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils."

31.

Further, Section 49 of the 1961 Act confers power on the Bar Council of India to make rules for discharging its function and Section 49(1)(d) reads as follows:- "49. General power of the Bar Council of India to make rules :- (1) The Bar Council of India may make rules for discharging its functions under this Act, and in particular, such rules may prescribe - (d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose;" It is abundantly clear therefore that the Bar Council of India can lay down standards of legal education to be observed by the Universities in India in consultation with the State Bar Councils. 32.

The Universities in the country have to observe the standards of legal education prescribed by the Bar Council of India has been held in Bar Council of India v. Aparna Basu Mallick [1994(2) S.C.T. 72 : 1994 (2)

SCC 102] as follows :- "14... Section 49(1)(d) empowers the Bar Council of India to make rules which may prescribe the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose. If the acquisition of a degree in law is essential for being qualified to be admitted as an advocate on a State roll, it is obvious that the Bar Council of India must have the authority to prescribe the standards of legal education to be observed by Universities in the country."

33.

The Bar Council of India retains adequate power to control the course of studies in law has been reiterated in Bar Council of India v. Dayanand College of Law and others [2007(1) S.C.T. 380 : (2007) 2 SCC 202] as follows :- "11... Thus, though the Bar Council of India may not have been entrusted with direct control of legal education in the sense in which the same is entrusted to a university, still, the Bar Council of India retains adequate power to control the course of studies in law, the power of inspection, the power of recognition of degrees and the power to deny enrolment to law degree-holders...."

34.

The Bar Council of India has framed the Rules of Legal Education, 2008. The events leading to the framing of the Rules of Legal Education, 2008 need to be referred to.

35.

The Legal Education Committee constituted by the Bar Council of India as per provisions of Section 10(2)(b) of the 1961 Act, in its meeting held on 28.06.2002 to 30.06.2002 constituted a Sub-Committee to suggest

actions to be taken to improve the quality of legal education and especially the re-drafting of the Rules relating to the Standards of Legal Education. Thereafter, in its meeting held on 07.11.2003, the revision of the Bar Council of India Rules in Part IV was proposed by referring the matter to the Rule making Committee. On 04.05.2007, the Legal Education Committee after finalizing the draft Rules, invited the comments of all the Universities and State Bar Councils. In its subsequent meeting held on 01.02.2008, the Legal Education Committee referred to the comments and suggestions received from about 38 Universities/Law Colleges and three State Bar Councils. The Bar Council of India in its meeting held on 12.09.2008 and 14.09.2008 passed resolution no.110 of 2008 accepting the Rules as revised by its Legal Education Committee. The said revised Rules were thereafter implemented from the academic year 2009-10.

36.

The aforesaid indicates the various steps undertaken by the Bar Council of India before it resolved to bring into force the 2008, Rules. It cannot be ignored that the exercise of framing the Rules of 2008 was preceded by a detailed exercise being undertaken by a body of experts which was the Legal Education Committee.

37.

It would be apposite to refer to certain relevant provisions of the 2008 Rules. Rule 1(c) prescribes that the 2008 Rules would replace all previous rules, directives, notifications and resolutions relating to the matters covered under the 2008 Rules.

Rule 2(iv) indicates "Centres of Legal Education" to mean approved colleges of law, departments of law of Universities and affiliated colleges or schools of law of recognized Universities so approved.

Chapter II of the 2008 Rules lays down the Standards of Professional Legal Education. Rule 3 refers to recognized Universities which include approved affiliated Centres of Legal Education. A State Bar Council is required to ensure that the applicants passing out from such recognized Universities and approved affiliated law Centre of legal education are enrolled. Rule 8 prescribes the standard of law courses while Rule 11 prescribes minimum standard infrastructure to be stipulated by the Bar Council of India.

Chapter III of the 2008 Rules lays down steps for inspection, recognition and accreditation. Under Rule 14 no Centre of legal education is permitted to admit any student and impart instructions in a course of study of law unless the same has been approved by the Bar Council of India after inspection of the University or Centres of Legal Education concerned. Rule 19 prescribes types of inspection by the Inspection Committee of the Bar Council of India. Rule 26 refers to approval granted by the Bar Council of India on the recommendation of the Legal Education Committee. Such approval may either be temporary approval for a period of not more than three years to a newly proposed institution or regular approval for a period not more than five years when the institution fulfills all standard norms.

Chapter VI of the 2008 Rules makes various miscellaneous provisions. Rule 42 requires all approved Centres of Legal Education of the Universities whose degrees are approved for enrolment to submit to the respective University with a copy to the Bar Council of India an annual return in the prescribed form.

law are recognized alongwith list of approved Centres of Legal Education. Rule 45 giving over-riding effect to the Rules of 2008 reads thus:- "45. Over-riding effect.

Any resolution passed earlier by Bar Council of India / Legal Education Committee inconsistent with these rules shall not bind the Bar Council of India and all other bodies constituted in pursuance of the Advocates Act, 1961, after these rules come into force."

Rule 46 which is the Savings provision reads thus:- "46. Savings.

Any action, decision or direction taken or directed by the Bar Council of India under any Rule or Regulation in force at any time earlier than these Rules coming into force, shall be valid, binding on the institutions as the case may be and remain in enforce notwithstanding anything contained in these Rules."

38.

On a complete reading of the 1961 Act and especially the provisions of Sections 7, 24 with Section 49 of the Act of 1961, it becomes clear that it is the function of the Bar Council of India under Section 7(1)(h) of the 1961 Act, to promote legal education and lay down standards of such education in consultation with Universities in India imparting such education as well as the State Bar Councils. It is also its function to recognize Universities whose degree in law is a qualification for enrolment as an Advocate. The Bar Council of India is also required to inspect Universities for that purpose or cause the State Bar Councils to visit and inspect Universities in that regard. It is also apparent that a person who seeks to be admitted as an Advocate on a State roll is required to fulfill various

conditions including obtaining a degree in Law which is recognized by the Bar Council of India for the purposes of the 1961 Act. 39.

Coming to the case in hand, as far as issue no (i) is concerned i.e whether University Institute of Legal Studies (UILS) of Panjab University is a "Centre of Legal Education" in terms of Rule 2(iv) of Rules of Legal Education, 2008; at the cost of repetition, it would be gainful to refer to Rule 2(iv) of 2008 Rules, which reads as under:-   

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 '2 Petitioner claims that University Institute of Legal Studies (UILS) of Panjab University is a "Centre of Legal Education", whereas the stand of respondent-University as well as respondents no. 6 to 8 is that University Institute of Legal Studies (UILS) of Panjab University is an "approved Department of law". Even going by the stand taken by the respondents herein that University Institute of Legal Studies (UILS) of Panjab University is an "approved Department of law", there is hardly any dispute left as "all approved Departments of Law" of University would fall

within the scope and ambit of Rule 2 (iv) of 2008 Rules. Therefore, it is held that University Institute of Legal Studies (UILS) of Panjab University is a "Centre of Legal Education" in terms of Rule 2 (iv) of 2008 Rules. 40.

Coming to issue (ii) as to whether the Rules of Legal Education, 2008 are applicable to UILS (respondent No. 4); the stand of petitioner is that University Institute of Legal Studies (UILS) of Panjab University is a Centre of legal education, therefore 2008 Rules are fully applicable to the same.

Per contra, the stand of 

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University Institute of Legal Studies (UILS) of Panjab University being a "Centre of Legal Education" is not as per the choice and / or on the basis of self serving interpretation of 2008 Rules by 

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6 2008 Rules have been governing the field ever since its enforcement and it has already been pointed out in the foregoing paras that the Gazette Rules (2008 Rules) were circulated by the Bar Council of India to the Universities before they were finally implemented from the Academic Year 2009-2010. Concededly, the University Institute of Legal Studies (UILS) was established in the year

2004 and the 2008 Rules were enforced subsequently i.e. from the Academic Year 2009-2010. Therefore, Panjab University as well as respondent No.4Institute were very well aware of their faculty set-up and also the courses undertaken at UILS. Had there been any objection to the provisions contained in 2008 Rules, more specifically the provisions providing for a whole time Principal/Head of a Centre of Legal Education, then objection could have been raised. There is no dispute that Rule 45 of 2008 Rules gives an overriding effect to them. Neither respondents No.1 to 4 nor respondents No.6 to 8 had referred to any material to suggest that any challenge has been made to the said 2008 Rules. In such eventuality, when 2008 Rules operates in the field then the same have to be given effect with full force and would fully apply on respondent No.4-Institute, which undeniably has affiliation from respondent No.5-Bar Council of India.
Furthermore, within the framework of 2008 Rules, more specifically Rule 11 read with Schedule III of 2008 Rules, the 

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University Institute of Legal Studies (UILS) of Panjab University has clearly admitted the applicability of 2008 Rules and have

rather undertaken to scrupulously adhere to the standard of the legal education as prescribed under the Education Rules (i.e. 2008 Rules) of the Bar Council of India and as may be prescribed or amended from time to time. Such affirmation by 

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Rules of Legal Education, 2008 are fully applicable to University Institute of Legal Studies (UILS).

0 Now coming to issue no. (iii) as to whether University Institute of Legal Studies (UILS) of Panjab University is required to have a whole time Principal/Head, in terms of Rules of Legal Education, 2008, more specifically Rule 16 read with Clause 16 of Schedule III thereof read with 2018 Regulations and Rules of Headship; it is the stand of the petitioner that in terms of above-referred provisions; Head of the respondent No.4-Institute (i.e. the Director), can only be appointed from amongst the faculty members, who fulfill the minimum prescribed qualification in the field of Law. Reliance is placed upon the  ' 


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7. The Bar Council of India is constituted under Section 4 of the Advocates Act. It consists of the Attorney General of India, the Solicitor General of India, both in their ex officio capacities and one member elected by each State Bar Council from amongst its members. It is a body corporate. The functions assigned to it are enumerated in Section 7 of the Act. The functions relevant for our purpose are contained in Section 7(1)(h) and Section 7(1)(i). They read :

"7(1)(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;"

7(1)(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf;"

The duty of admission and enrolment of Advocates is entrusted to the State Bar Council except in the case of Supreme Court advocates which is with the Bar Council of India. After 12.3.1967, a person may be admitted as an advocate on a State roll only if he has obtained a degree in law from a University recognised by the Bar Council of India. Section 24, to the extent it is relevant here, reads :

"24. Persons who may be admitted as advocates on a State roll. - (1) Subject to the provisions of this Act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a State roll, if he fulfills the following conditions, namely :- (a) .......................

(b) .......................

(c) he has obtained a degree in law - (i) before the 12th day of March, 1967 from any University in the territory of India; or (ii) before the 15th of August, 1947, from any University in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or (iii) after the 12th day of March, 1967, save as provided in sub-clause (iiia) after undergoing a three years course of study in law from any

University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iiia) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68 or any earlier academic year from any University in India which is recognised for the purposes of this Act by the Bar Council of India; or (iv) in any other case, from any University outside the territory of India, if the degree is recognised for the purposes of this Act by the Bar Council of India] or;

he is a barrister and is called to the Bar on or before the 31st day of December, 1976 or has passed the articled clerks" examination or any other examination specified by the High Court at Bombay or Calcutta for enrolment as an attorney of that High Court; or has obtained such other foreign qualification in law as is recognised by the Bar Council of India for the purpose of admission as an advocate under this Act;"

Section 49 confers the power to make rules for discharging the functions of the Bar Council of India. Relevant topics for our purposes are set down hereunder :

"49(1)(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;"

and "49(1)(d). the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose;"

8. The Bar Council of India Rules are framed by the Bar Council of India in exercise of its rule making power. Part IV thereof deals with legal education, the duration of it, the syllabi etc. Section A deals with five-year law course and Section B deals with three-year law course. Under Section A Rule 2, a degree in law obtained from a University shall not be recognised for the purpose of enrolment as an advocate under the Advocates Act unless the conditions laid down therein are fulfilled.

Only then a student coming out of that University could get enrolled as an advocate. Provision has also been made regarding teachers of law. Rule 12 reads :

"12. Full-time teachers of law including the Principal of the College shall ordinarily be holders of a Master's degree in law and where the holders of Master's degree in law are not available, persons with teaching experience for a minimum period of 10 years in law may be considered. Part-time teachers other then one with LL.M. degree shall have a minimum practice of five years at the Bar."

9. Rule 17(1) stipulates that no college after the coming into force of the Rules shall impart instruction in a course of study in law for enrolment as an advocate unless its affiliation has been approved by the Bar Council of India. Thus, though the Bar Council of India may not have been entrusted with direct control of legal education in the sense in which the same is entrusted to a University,

still, the Bar Council of India retains adequate power to control the course of studies in law, the power of inspection, the power of recognition of degrees and the power to deny enrolment to law degree holders, unless the University from which they pass out is recognised by the Bar Council of India.

10. The first task of a court confronted with a set of parallel provisions relating to the appointment of a principal of a law college like the one in the amended provision of the Statute under the University Act and the Rules made by the Bar Council of India which could ultimately refuse to admit a graduate of law coming out of the University to enrolment as an advocate, which alone would entitle him to practice, is to see whether the provisions could not be reconciled or harmoniously construed so as to achieve the object of both the enactments. Prior to 13.1.1995, there was no conflict between Statute 11.14 and Rule 12 of the Rules of the Bar Council. In 1995, in the University Statutes, the requirement of the Principal having to be the holder of a doctorate in one of the subjects taught in the College, was done away with.

Obviously, such a provision could not be understood as controlling fully professional education like that in Medicine, Engineering or Law. No doubt, the University has not made a distinction in that regard in this context.

of an Engineering College. Same is the position regarding the appointment of a doctorate in Science or a doctorate in Philosophy as the Principal of a law college.

11. The aim of most of the students who enter the law college, is to get enrolled as Advocates and practice law in the country. To do that, they have necessarily to have a degree from a University that is recognised by the Bar Council of India. Therefore, the court, in a situation like the present one, has to ask itself whether it could not harmoniously construe the relevant provisions and reach a conclusion consistent with the main aim of seeking or imparting legal education.

So approached, nothing stands in the way of the court coming to the conclusion that though under the relevant Statute of the University as amended, theoretically, it may be possible to appoint a Doctor of Philosophy or a Doctor of Science as the Principal of a Law College, taking into account the requirements of the Advocates Act, the Rules of the Bar Council of India and the main purpose of legal education, the Court would be justified in holding that as regards the post of the Principal of a Law College, it would be necessary for the proposed incumbent also to satisfy the requirements of the Rules of the Bar Council of India.

Such a harmonious understanding of the position recognising the realities of the situation, would justify the conclusion that a Doctorate holder in any of the law subjects could alone be appointed as the Principal of a Law College.

Court, in our view, made an error in not trying to reconcile the relevant provisions and in not making an attempt to harmoniously construe the relevant provisions so as to give efficacy to all of them. A harmonious understanding could lead to the position that the Principal of a Law College has to be appointed after a process of selection by the body constituted in that behalf, under the University Act, but while nominating from the list prepared, and while appointing him, it must be borne in mind that he should fulfill the requirements of the Rules of the Bar Council of India framed under the Advocates Act and it be ensured that he holds a Doctorate in any one of the branches of law taught in the law college.

We do not see anything in the University Act or the Statutes framed thereunder, which stands in the way of the adopting of such a course. Therefore, when a request is made for selection of a Principal of a law college, the University and the Selection Committee has to ensure that applications are invited from those who are qualified to be principals of a law college in terms of the Rules of the Bar Council and from the list prepared, a person possessing the requisite qualification, is nominated and appointed as the Principal of a law college.

12. It is clear from the decision of the Constitution Bench in O.N. Mohindroo v. The Bar Council of Delhi &Ors. (supra) that in pith and substance, the Advocates Act falls under Entries 77 and 78 of List I of the Seventh Schedule. That apart, it is not

necessary to postulate a conflict of legislation in this case as we have indicated earlier. It is true that under the University Act, the selection of a Principal of a College affiliated to the concerned University has been left to a Higher Education Services Commission and respondent No. 5 was included in the panel of selected candidates pursuant to a due selection by that Commission. It is also true that theoretically the State Government on the recommendation of the Director of Higher Education could appoint any one from that list as Principal of any College including a Law College.

But when concerned with the appointment of a Principal of the Law College, there cannot be any difficulty either in the Recommending Authority or in the State Government recognising the fact that a person duly qualified in law is required to be the Principal of that Law College in the interests of the students coming out of that College in the light of the Advocates Act, 1961 and the rules framed by the Bar Council of India governing enrolment of Advocates and their practice. It must be the endeavour of the State and the Recommending Authority to ensure that the students coming out of the College are not put to any difficulty and to ensure that their career as professionals is in no way jeopardised by the action of the Government in appointing a Principal to a Law College.

Therefore, even while adhering to its process of selection of a Principal, it behoves the State to ensure that the appointment it makes is also consistent with the Advocates Act and the

rules framed by the Bar Council of India. It may not be correct to say that the Bar Council of India is totally unconcerned with the legal education, though primarily legal education may also be within the province of Universities. But, as the apex professional body, the Bar Council of India is concerned with the standards of the legal profession and the equipment of those who seek entry into that profession. The Bar Council of India is also thus concerned with the legal education in the country. Therefore, instead of taking a pedantic view of the situation, the State Government and the Recommending Authority are expected to ensure that the requirement set down by the Bar Council of India is also complied with.

We are of the view that the High Court was not correct in its approach in postulating a conflict between the two laws and in resolving it based on Article 254(2) of the Constitution. Of course, the question whether the assent to the Act would also extend to the statute framed under it and that too to an amendment made subsequent to the assent are questions that do not call for an answer in this case in the light of the view we have adopted.

13.

According to us therefore, notwithstanding the procedure to be followed under the University Act and Statute 11.14 as amended, it is necessary for the Recommending Authority and the State Government when concerned with the appointment of a Principal of a Law College, also to adhere to the requirements of the

Advocates Act and the rules of the Bar Council of India. This would ensure a harmonious working of the Universities and the Bar Council of India in respect of legal education and the avoidance of any problems for the students coming out of the Institution wanting to pursue the legal profession. We therefore hold that the State Government and the Recommending Authority were not justified in recommending and appointing respondent No. 5 as the Principal of the Dayanand Law College.

XXX XXX XXX

16. We find that consistent with the Advocates Act and the rules of the Bar Council of India, respondent No. 5 could not have been appointed as the Principal of a Law College, however, eminent he might be as a philosopher, friend and guide to the students and his competence to teach Ethics could be recognized.

A perusal of the afore-said judgment would manifest that notwithstanding the procedure to be followed under the University Act, the adherence to the requirements of the Advocates Act and the rules of the Bar Council of India is also to be ensured when concerned with the appointment of a Principal of a Law College.

42.

In the instant case, I have considered the stand of respondents No. 1 to 4 and more specifically the stand of respondents No. 6 to 8 that  



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the issue involved in the present case is not to test the impugned action based on the principles of service jurisprudence but to test the impugned action towards the compliance of the norms of affiliation from the Bar Council of India, being the governing body. Keeping in view the observations made by Hon'ble Supreme Court in 
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are applicable to all departments of Panjab University, however as regards its applicability in respect of UILS, it would be necessary for the proposed incumbent also to satisfy the requirements of the 2008 Rules framed by the Bar Council of India read with 2018 UGC Regulations. Therefore, when concerned with the appointment of a Principal / Head of a Centre of Legal Education, there cannot be any difficulty either with the Panjab University or with the respondent No. 4 - Institute recognizing the fact that a person duly qualified in law is required to be the Principal / Head of a Centre of Legal Education in the interests of the students coming out of such Centre in the light of the provisions of the Advocates' Act, 1961 and the rules framed

by the Bar Council of India governing enrolment of Advocates and their practice, so that the students coming out from their Centre of Legal Education are not put to any difficulty and their career as professionals is in no way jeopardized by their actions in appointing a Principal / Head, who does not hold the requisite eligibility / qualification in terms of 2008 Rules read with 2018 Regulations. Therefore, Panjab University and respondent No.4-Institute (UILS) are expected to comply with the requirement set down by the Bar Council of India in 2008 Rules and 2018 Regulations as regards appointment of Principal/Head of a Centre of Legal Education, is concerned. Non-compliance with the Rules of Legal Education, 2008, shall result into infringement of the norms of affiliation. The 

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Rule 16 read with Clause 16 of Schedule III of 2008 Rules is not applicable to the instant case or that the said provision is applicable only in respect of Dean and not in respect of Principal or Head (Director in the instant case) of UILS.

43.

I also do not find any substance in the submission/stand of respondents No.1 to 4 that the Director of respondent No.4-Institute is only an honorary designation; especially in the light of Rule 2.7 of the Rules of

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November 22, 2023 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No