Kerala High Court Directs State To Make Immediate Permanent Appointments In Government Law Colleges, Says Faculty Strength Not Being Met

The Kerala High Court recently directed the state government to take immediate steps to create posts and make permanent appointments in Government Law Colleges across the state in order to satisfy the requirements of faculty strength for the academic year 2023- 2024 in accordance with the Rules of Legal Education, 2008 framed by Bar the Council of India and the Advocates Act, 1961.

A single bench of Justice Shaji P Chaly was hearing a plea filed by students pursuing their LLB degrees from various Government Law Colleges within the state. The students had approached the court to not permit the Government Law Colleges in the state to commence their courses without having sufficient permanent faculties as prescribed by the Bar Council of India in the 2008 Rules.

The court while issuing directions to the state government remarked that if steps are not taken immediately students are likely to suffer:

“Since the mandate of the Bar Council of India is liable to be implemented by the State Government and the respective Universities, the State Government is duty bound to take adequate steps immediately so as to create posts and make permanent appointments in the Government Law Colleges within the State, failing which the students are likely to suffer, especially taking into account Exhibit P3 letter issued by the Bar Council of India expressing concern over the attitude of the Government and the University to take adequate steps to maintain the faculty strength.”

The petitioners had brought to the notice of the court, a letter of the Bar Council of India sent to Registrar of the Mahatma Gandhi University and the Principal, Government Law College, Ernakulam in 2019 in response to their letter for extension of approval of affiliation for the 3 year and 5 year LLB courses. The University and College were instructed by the Bar Council of India to significantly decrease the number of students they admit for their 3 Year program, from 100 to 60, and for their 5 Year program, from 80 to 60.

The petitioners averred that Rules of Legal Education, 2008 were framed for maintaining the standards of legal education in the country. They were formulated for all the Law Colleges and Universities in India to follow, in respect of the curriculum and minimum infrastructural facilities required for providing law degrees with affiliation from an Indian University. It was contended by the petitioners that as per the Rules, a 1:40 faculty to student ratio is to be maintained for each course to ensure that students do not suffer due to lack of faculty members. For various reasons this minimum requirement has not been met by various government aided institutions as sufficient posts have not been sanctioned by the State Government, the petitioners argued.

Advocate Santhosh Mathew appeared for the petitioners, Senior Government Pleader Adv. Reshmi K.M appeared for the state, Adv. Pranoy K. Kottaram, appeared for the Bar Council of India, Adv. Rejit appeared for the Bar Council of Kerala and Adv. P.C. Sasidharan appeared for the Kerala Public Service Commission.

The court concluded from the statistics and figures presented before it that there was lack of sufficient strength of  faculty for the LLB courses and the requirements of the Rules and the Act were not being met.

In the counter affidavit filed by the Higher Education Department of the state, it was stated that steps have been taken by the Department for making appointments, however, it requires the approval of the Finance Department as it “involves serious financial commitments”. The proposal is still pending before the Finance Department, it was stated in the counter.

In this regard, the court directed the State Government to take an appropriate decision in consonance with the requirements under the Rules, 2008 and the Act, 1961, within four months.

Case Title: Arun P Wilson and Others V State of Kerala and Others

Citation: 2023 LiveLaw (Ker) 100

Click here to read/download judgment