Lack Of Faculties, Infrastructure: Patna High Court Stays Fresh Admissions In Law Colleges In Bihar

The Bench of Chief Justice Sanjay Karol and Justice S Kumar ordered thus, after noting that institutions/law colleges in the State of Bihar (except for the Central University, Gaya, and Chanakya National Law University, Patna) are deficient in meeting the infrastructural requirements, mandatory in nature.

Significantly, the Court ordered,

"We direct that without leave of the Court, no educational institution, be it a university/law college, shall admit students in the next academic session."

It may be noted that the Patna High Court was hearing the plea filed by one Kunal Kaushal, who had prayed before the court that posts of permanent teaching faculties in the law college under the Tilka Manjhi Bhagalpur University (TMBU) be filled up.

The petitioner had also pleaded that no Principal, since the year 1992, stood appointed at T.N.B. Law College, Bhagalpur.

Hearing the plea, the Court had, in November 2020, directed the State Government as also the other stakeholders to file affidavits, furnishing information with regard to the existence or lack of infrastructure, mandatorily required for running the educational institutions.

Further, last week, the Bar Council of India, filed its affidavit enclosing the status report of the existing, infrastructure and lack thereof, based on the inspection carried out of all the Universities/Law Colleges within the State of Bihar.

Perusing the report, the Court noted that save and except for the (i) Central University, South Bihar, Gaya, Bihar, and (ii) Chanakya National Law University, Mithapur, Patna, all other institutions/law colleges were deficient in meeting the infrastructural requirements, mandatory in nature.

Court's order

Staying fresh admissions in law colleges, the Court directed 27 Educational Institutions/ Universities/Colleges found to be deficient in infrastructure, to respond to the report filed by the Bar Council of India.

The Court also said,

"We direct each one of the institutions/colleges, lacking in the infrastructure, to forthwith take steps for establishing the same. Also, the process of selection and appointment of the faculty/staff be expedited."

The matter has now been list for further hearing on 12^th April 2021, before which, all appearing parties have been directed to file their response.

Case title - Kunal Kaushal v. The State of Bihar and Ors. [Civil Writ Jurisdiction Case No.3636 of 2019]

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