Gujarat High Court Directs State, Universities To Clarify Student Allotment To Non-BCI Approved Law Colleges

On a plea by eight law colleges in the State seeking recognition by the Bar Council of India (BCI), the Gujarat High Court today instructed the State to file an affidavit explaining whether a law college not recognized or approved by the BCI can be allotted students by the government.

The High Court also sought similar affidavits from the universities to which these eight law colleges are affiliated.

The colleges that approached the High Court are MS Bhagat and CS Sonawala Law College, Kheda; Sheth Dosabhai Lalchand Law College, Kutch; MSK Law College and MN Law College, Patan; Godhra Law College; Junagadh Law College; KP Shah Law College, Junagadh and HJ Law College in Bhavnagar.

During the hearing, the counsel pointed out that last year, each university had a centralised admission system. However, this year, the system has changed with the introduction of the GCAS PORTAL by the Government of Gujarat. Through this portal, any student in the country can apply for admission online. Once applications are received, they are sent to the concerned university, which then allots students to the colleges based on merit and student choice.

The counsel informed the Court that none of the eight law colleges are approved or recognized by the BCI for the current academic year.

Justice Devan M Desai presiding over the matter, instructed the respondent state and the universities, “In all the matters, university and government are directed to file an affidavit making their stand clear with regard to the fact whether either government or the university can allot students so far as the colleges who are not having any recognition or approval by the Bar Council of India”

The Affidavit has to be filed by 27.05.2024 by the concerned parties.

In the previous hearing on May 21, 2024, the high court issued a notice to the BCI and the universities following petitions from the above mentioned eight law colleges. The petitions filed by the law colleges, underscored that, despite lacking BCI approval, universities continued to allocate students to them, jeopardising the students' futures.

The counsel representing the universities argued that these colleges receive government grants. According to BCI rules framed under the Advocates Act, the state government appoints their faculty members.

The senior counsel also explained that, aside from faculty appointments, the universities handle the preparation of admission lists and allocate students to these affiliated colleges. The colleges themselves have no influence over this process.

It was further argued that BCI approval hinges on factors such as the adequacy of faculty members. Since the government has not appointed sufficient teachers and three of these colleges have been without principals for seven years, they lack BCI approval. Despite this, universities continue to assign students to these colleges. Consequently, although these students complete their law degrees, they are ineligible to take the BCI's test for a law practice licence. This situation unfairly prevents students from these unapproved colleges from becoming advocates.

The senior advocate emphasised that the deadline for student allotment to these colleges is May 28, and thus, if admissions proceed, the careers of these students will be adversely affected.

The matter is now listed on 27.05.2024 for further hearing.