Legal Education Committee Of

THE BAR COUNCIL OF INDIA LEGAL EDUCATION COMMITTEE MINUTES OF MEETING

Meeting of the Legal Education Committee of the Bar Council of India was held at 10.30 A.M. on Saturday, 16th April and Sunday, 17th April, 2011 at the premises of the Indian Institute of Public Administration, Indraprastha Estate, Ring Road, New Delhi - 110002. The following members were present:-

1. Hon’ble Mr. Justice A.P. Misra, Former Judge, Supreme Court of India, Chairman, Legal Education Committee

2. Dr. S. Gopakumaran Nair Member, Legal Education Committee

3. Shri Hemantkumar J. Patel Member, Legal Education Committee

4. Shri Apurba Kumar Sharma, Member, Legal Education Committee

5. Prof. (Dr.) N. L. Mitra Member, Legal Education Committee

6. Shri Gopal Subramanium, Solicitor General of India, Chairman, Bar Council of India, Special Invitee

7. Shri Milan Kumar Dey, Sr. Advocate, Chairman, Executive Committee, Bar Council of India, Special Invitee

8. Shri Daulat Ram Sharma, Associate Managing Trustee Bar Council of India Trust, Special Invitee

9. Shri Brij Mohan Vinayak, Vice-Chairman, Executive Committee Bar Council of India, Special Invitee

10. Shri Faisal Rizvi, Member Bar Council of India, Special Invitee

11. Shri M. Rajender Reddy, Member Bar Council of India,

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Special Invitee

12. Shri Ashok Parija, Member, Bar Council of India, Special Invitee

13. Shri Zafar Ahmed Khan, Member, Bar Council of India, Special Invitee

14. Shri Biri Singh Sinsinwar, Member, Bar Council of India, Special Invitee

15. Shri Rajinder Singh Rana, Member, Bar Council of India, Special Invitee

16. Shri Manan Kumar Mishra, Member, Bar Council of India, Special Invitee

17. Shri Satish Abarao Deshmukh, Member, Bar Council of India, Special Invitee

Hon’ble Mr. Justice Bhagwati Prasad, Chief Justice, High Court of Jharkhand, Shri Ashok Kumar Deb, Managing Trustee, Bar Council of India Trust, Shri R. Dhanapal Raj, Vice-Chairman, Dr. Gopal Narain Mishra, Shri Jagadeesh C.M., Shri Vijay Bhatt, Members, Bar Council of India, Shri G. E. Vahanvati, Attorney General of India, Secretary, Ministry of Law & Justice, Secretary, UGC, were not present on both the days. The absence of the members is condoned.

Shri Zafar Ahmed Khan, Member, Bar Council of India was not present on 16.04.2011 and Dr. N. L. Mitra, Member, Legal Education Committee was not present on 17.04.2011. The absence of the members is condoned.

Hon’ble Mr. Justice A. P. Misra, Chairman, Legal Education Committee presided over the meeting.

Item No .1(B)/2011 (LE)

Confirmation of the minutes of the meeting of the Legal Education Committee held on 29th January, 2011.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Confirmation of the minutes of the meeting of the Legal Education Committee held on 29th January, 2011 is deferred for the next meeting. ***** Item No.2(B)/2011 (LE)

To consider the Action Taken Report on the matters decided by the Legal Education Committee meeting held on 29th January, 2011.

The Committee perused the Action Taken Report on the matters decided by the Legal Education Committee in its meeting held on 29th January, 2011. Annexure – B was fully noted. In the light of the deliberation the Action Taken Report would read as follows: -

Agenda Action Taken

Item No .1(A)/2011 (LE) Confirmation of the minutes of the Confirmed and approved. Legal Education Committee meeting held on 13th November, 2010.

Item No.2(A)/2011 (LE) To consider the Action Taken Report on The Committee noted the Action Taken the matters decided by the Legal Report and discussed about the Education Committee on 13th recognition of degrees awarded by the November, 2010. foreign Universities.

The committee also considered that an Equivalence Committee be appointed to consider the eligibility criteria for equivalency of foreign degrees and to prepare a white paper. The report of the Equivalence Committee is awaited. The Equivalence Committee is requested to submit the report as early as possible.

Item No .3/2011A (LE) To consider the note on “Whether a

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Agenda Action Taken student who studies Law for five years continuously (overseas) is a qualified entrant to the Indian Bar”. The matter would be placed before the Equivalence Committee. The same has And been informed. The report of the Equivalence Committee is requested Item No .4/2011A (LE) before the next meeting. To consider the letters received from Shri Vivek Raja and Shri Pratik Mitra to consider LL.B + LL.M + LPC/BVC as an integrated five year course.

Item No .5/2011A (LE) To consider the applications regarding The Equivalence Committee may advise LL.B degree awarded by King’s the Legal Education Committee College, University of London while suitably. only the University of London is recognized by the Bar Council of India.

Item No .6/2011A (LE) To consider the proposal for After effective deliberation on the said implementation of “Continuing Legal subject it was decided that Continuing Education”. Legal Education must be actively encouraged by the Bar Council of India in conjunction with the various State Bar Councils. It was also considered necessary that while the aspects of knowledge could be taken up by the Bar Council of India, the State Bar Council could additionally provide for workshops on skills as well as practical training. It was decided that there should be a minimum requirement that each State Bar Council preferably would conduct 4 workshops every year for the purpose of training lawyers. Similarly, the Bar Council of India

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Agenda Action Taken would also conduct 4 workshops in a year of 3 days each. The course content, the speakers in respect of the said workshops would be decided by the Hon’ble Chairman Shri A. P. Misra, Prof. V. B. Coutinho, Director, Directorate of Legal Education as well as Prof. N. L. Mitra. It was further decided that the Chairman of the Bar Council of India, purely by way of a precedent, will visit each State Bar Councils in the country and deliver a lecture on an important subject. The committee may also circulate the calendar to all the Members and all the Members in consultation with the respective State Bar Council may confirm by way of approval.

Item No .7/2011A (LE) To consider the proposal to introduce The Directorate of Legal Education had “Law Group” in Plus 2 CBSE interacted with the CBSE. The curriculum. Directorate has proposed introduction of certain subjects namely “Legal and Constitutional History” and “Environmental Studies” under the caption law, in law stream to be introduced in the Plus 2 curriculum of the CBSE and the proposal is being considered by the CBSE. A course material for the said curriculum is also being devised by Directorate of Legal Education in consultation with experts on the subjects. The House places on record appreciation of the efforts undertaken by Shri Lakshmeesh S. Kamath, Fellow, Bar Council of India.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Agenda Action Taken

Item No .8/2011A (LE) To consider note on standardizing The Equivalence Committee is conditions for recognition of foreign requested to submit a report before the law degrees obtained by Indian next meeting so that proper OMR sheets Nationals. are prepared on that basis. When the inspection committees go to various foreign universities they would have the codified criteria available for the purpose of evaluation.

Item No .9/2011A (LE) Proposal to standardize the academic All the Registrars of the Universities, calendar for the year 2011-2012 and Colleges, State Bar Councils have been onwards. notified that the academic year will begin from the 1st July of a year and end on 30th June of the following year.

***** Item No.10/2011B (LE)

To consider the note on Whether a Foreign Citizen who is a Person of Indian Origin or Overseas Citizen of India could be treated as a citizen under the Citizenship Act, 1955 and whether that person is eligible to enroll as an Advocate in order to practice profession of law in India.

After deliberation, the House deferred the matter for the next meeting. *****

Item No.11/2011B (LE)

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India To consider the note on introduction of new Syllabus for Qualifying Examination for Indian Nationals graduating from Overseas Recognized Universities and scheduling of next Qualifying Examination

It is resolved that the detailed syllabus prepared by the Directorate of Legal Education is approved and earlier syllabus and subjects are substituted by the new syllabus. The Committee is also of the view that the qualifying examination may be conducted twice every year in January and in July. The pass marks shall be 40 %. The Directorate shall be in charge of setting up of the Question papers and the paper may consist of short notes, essay and problem questions. Candidates would need to attempt 5 out of 6 short notes questions each weighing 5 marks, 3 out of 4 problem questions each weighing 15 marks and 1 out of 2 essay questions weighing 30 marks. The essay question would contain 2 parts, one theoretical and other application based question. The candidates may be permitted to use Bare Acts in procedural subjects.

The duration of the examination shall remain unchanged at 3 hours. Candidates failing in any of the papers may be allowed to undertake supplementary examination during the upcoming examination. The candidates who have failed the examination in January, 2011 may undertake supplementary examination in the month of July, 2011 along with the regular candidates. As the new syllabus is approved the failed candidates may appear for Contract law instead of Family law and Company law instead of Environmental law and other subjects remaining the same.

The Examination fee shall be Rs 15,000/-. In future a one month course which is voluntary may be conducted for the candidates by DLE with help of eminent professors. The Course fee would be Rs 50,000/-. Examination fee for supplementary examination shall be Rs 3,000/- per paper. *****

To consider the opinion of the Directorate of Legal Education in respect of applications of foreign universities who have sought for recognition of Bar Council of India

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Directorate of Legal Education to contact the Universities and in consultation with the Hon’ble Chairman, draw up a schedule of visit to these Universities.

Office and Directorate of Legal Education to connect with the Universities concerned including the leading Law Schools/ Universities and prepare a travel schedule in consultation with the Members. *****

To consider the note on inspection of new Centres of Legal Education/Universities which have applied for fresh approval of affiliation/recognition for the academic year 2011-2012.

In view of the fact that many institutions need to be inspected for ongoing decisions, the office has prepared a list of all the colleges divided into seven zones. The classification is placed before the Committee and it is accepted. In furtherance of the resolutions passed on 30.04.2010 as well as 22.08.2010 and 21.12.2010 and in compliance with the Rule 20 of Legal Education Rules, 2008, it is recorded that the inspection team would consist of the following: - 1. Retired Judge(s) of the Supreme Court (Chairman), 2. Retired Chief Justice(s) / Judge(s) of High Court 3. Chairman/Vice-Chairman/Member, Bar Council of India nominated by the Chairman, Bar Council of India. 4. Member of the State Bar Council to be nominated by the Member of the Bar Council of India in whose jurisdiction the institution lies. 5. Senior Professor of Law 6. Senior Professor in each stream (integrated course) for which recognition is sought for.

The inspection shall be subject to a quorum of 3 members in which at least the Chairman/Professor of Law must be present. The centres of legal education/universities shall bear the travelling, stay and food expenses of the inspection team. However the said expenses shall be routed through Bar Council of India and no direct contact shall be made by the centres of legal education with the members of the inspection team.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India The remaining conditions of inspection, namely rigid adherence to the Inspection Manual (prepared by Prof. (Dr.) N.L. Mitra) and other requirements insisted upon by the Council in various resolutions including satisfaction of the two step process (a) that the university authorities have established due compliance with all procedural and legal requirements and (b) the institution is worthy of recognition should be in the inspection report. Inspection would be done through videography.

In view of the above the moratorium stands lifted subject to the following condition: - a. The Chairman of the inspection team will insist upon a suitable integrity declaration from the head of the institution at the time of conducting the inspection and a similar integrity declaration from the head of the university.

The Committee after deliberation has come to the conclusion that in spite of the rules which are being passed, framed, and notified the awareness is still lacking in the university. Hence it is proper to have a workshop calling all the Registrars and Vice-Chancellors of Universities including Dean of Faculty of Law and Secretary of Higher Education of each State Government to participate in order make them aware of rules and resolutions because it is a central pith and substance of the success of legal education.

In the light of the provisions of the Advocates Act, 1961 contained in section 7(i) read with Section 7(m) along with the Rules 16, 17 and 18 of the Legal Education Rules, 2008, it becomes imperative that the applications for approval of a degree in respect of a professional law course conducted by a centre of legal education involves a two step process. The first step is that the Council must be satisfied that the university has a conscious and well informed enrolling body and has meticulously observed processes of affiliation and would take adequate regulatory control in relation to the said college of law/centre of legal education which has sought affiliation of the University. It is only thereafter that the second step namely the inspection of the college as well as its infrastructural facilities will come into play in terms of the rules. In the opinion of the Committee, for maintaining the standards of legal education and to ensure that the degree which is given by a university is worthy for enrolment at the bar, the primary responsibility must be placed upon all the universities as per the Act and the Rules and the universities must be asked to comply with all the provisions in the rules. If rules

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India are not complied with, despite adequate opportunity being given, the committee will consider recommending to the Council suitable measures including steps for derecognizing the degrees conferred by defaulting universities.

Under these circumstances, as a measure of goodwill, grace as well as awareness building, the Committee is of the opinion that all the universities as well as the State Governments must be taken into confidence to appreciate the standards of legal education which have to be maintained in the country and that the universities must be centers of excellence as contemplated under the provisions of the Advocates Act as well as Bar Council of India Rules contained in Part IV of the Rules i.e. Rules of Legal Education, 2008. Incidentally, it may be pointed out that the said rules contemplate both an inspection of the universities as well as inspection of the centres of legal education. It is reiterated that the primary responsibility and the point of contact must be the university which gives a degree in respect of the course of instruction in law offered by the centre of legal education.

Notice to be issued to all the Registrars of the Universities, Deans of Law of the concerned Universities, and the Secretary of the Department of Higher Education in each State Government, that they may make themselves available for discussion and interaction with the Council on a date to be notified by Bar Council.

17.04.2011

All centers of legal education must be notified that the function of the Bar Council is to recognize degrees awarded by the university which in turn will involve the instruction of law by the colleges or centres of legal education which are seeking recognition. Therefore, it becomes mandatory for the university to first express its satisfaction which will be reviewable by the Bar Council of India after which the Council shall examine the centre for legal education. This procedure will apply henceforward to all institutions. All existing colleges must henceforth make applications strictly through the university. The Council directs that all universities be informed that no provisional affiliation for a law college will be granted unless and until the university has been inspected and certified as fit. So step (a) will involve certification of the university.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India In addition, notice be issued to the Secretary, University Grants Commission and Secretary, Ministry of Human Resource Development to inform this Council whether a University which does not have a Department of Law is authorized to actually confer a degree of law and if so what are the criteria which have been evolved either by a Central Government of by the University Grants Commission in respect of the same.

The Council directs notice to be issued to the Registrar of each university seeking the following details: - a. the Act under which the University is incorporated and the copy of the enactment b. the charter of the university c. the composition of the bodies of the university d. the present incumbent who occupy those offices e. the method of selection f. who is the visitor g. whether any visitorial inspection have taken place in respect of the University h. whether accounts have been rendered to the UGC. i. whether it has a department of law. j. whether it has received any budget from the UGC in respect of Department of Law k. whether it has paid salary to Professors of Law l. whether it has evolved the admission procedure in respect of non-law courses. m. whether it has advised a procedure in respect of law courses. n. whether any control is maintained over constituent as well as affiliated colleges and if so in what manner o. whether periodic inspection of law colleges is undertaken by the said University p. whether the examination which is undertaken by the law college under the supervision of the invigilators appointed by the University q. whether the question papers are set by the college or by the university r. whether the university actually undertakes foolproof tampering in respect of the question papers which are made available by the college to the students s. whether the University has the record of the college, qualifications and names of the persons, syllabus and the manner in which the syllabus is being taught in the law college.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India t. the competent authority in the university who has been designated by the academic evacuator in respect of the functions performed by the law colleges. s. whether there is any disparity in the syllabus conducted by University and the Colleges t. whether any Masters of Law degree is being awarded by the said university and if so, under what authority without even a department of law being in existence u. whether any Doctorate of Philosophy degree is being offered by the university without there being guides who belongs to the Department of Law.

The Committee is informed that the Directorate of Legal Education has examined the compliance reports of various institutions and found that many are not teaching the subjects as mandated under the Rules. In respect of such non-compliant institutions, the Council directs show cause notice to be issued.

A. List of Colleges fit for Inspection (1 – 14) Presentation will be entertained from the competent university to satisfy us on step (a) and step (b) process including whether they have law faculty and department.

B. List of colleges not fit for inspection (1 – 11) All Institutions rejected for not satisfying the conditions mentioned in Legal Education Rules, 2008.

Directorate of Legal Education is to give updated status report on the basis of the annual reports supplied.

The Committee after considering the applications found that these are not genuine colleges and that considerable time of the Council has been wasted on consideration of these frivolous applications.

The Committee highlights that the inspection includes receipt of papers/documents, scrutiny of documents and papers by Legal Education Department and then by Directorate of Legal Education and then muster physical inspection. In view of schedule 4 to the Legal Education Rules, it is clarified that in the event of an application not being found to be in order and appears to the

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Council as unworthy of inspection, the said application for physical inspection would be deemed to be rejected and the procedure which is followed in respect of colleges where an adverse inspection follows will apply in the present case as well and accordingly fee would be deposited in the account.

Insertions to be made in schedule 4 accordingly.

LETTER TO COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) In the interest of justice and fair play and in order to have an actual evaluation, it is proposed that the Hon’ble Comptroller and Auditor General of India, as a special case in the larger interest of legal profession, be requested to undertake a special audit on a fast track basis with reference to funds earmarked for legal education and how they are spent by various government law colleges.

***** Item No.14/2011B (LE)

To consider a note with regard to inclusion of three law colleges which were inadvertently left out from the list of law colleges inspected during the moratorium.

These three colleges be included in the list.

In respect of the 49 colleges which were covered by resolution dated 21.12.2010 as well as the three colleges mentioned in Item No.14, by virtue of resolution undertaken in respect of Item No. 13, the Committee directs the university to apply for these colleges.

It is clarified that hence forward the word inspection will mean stricto sensu part (a) and part (b). Part (a) is inspection of university and part (b) is, if and upon the successful completion of part (a), inspection of the centre of legal education.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India Item No.15/2011B (LE)

To consider a note on decision of the Legal Education Committee, held on 13th November, 2010, in respect of compliance report submitted by law colleges and to be verified by the Bar Council of India

The Council directs that all institutions in Sr. No. 1-12 will go through step (a) and step (b) process. *****

To consider the list of law colleges to be inspected by the Bar Council of India which consists of existing law colleges, Deemed/permanent law Colleges, New law colleges and colleges directed to be re-inspected.

The Council directs that all institutions except for new law colleges will abide by step (a) and step (b) process mentioned above. For the time being step (a) to be done away with for new law colleges *****

To consider the letter dated 13.01.2011 received from the State Bar Council of Rajasthan with regard to inspection of permanent law colleges in their State.

We have perused Item No.17/2011. Rule 26 of the Rules of Legal Education, 2008 stipulates that there are two kinds of approval namely a. Temporary approval b. Regular approval

It is clarified that the regular approval shall not operate for “…. more than a period of 5 years…..When institution fulfills all standard set norms and has the capacity of maintaining such standard continuously”. As a regulator desirous of maintaining the highest standard of legal education in the different universities in

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India the country, it has become imperative that no institution enjoys infinite recognition without it being subjected to adequate intermittent controls and review as well as overview of application of standard. A general resolution was passed by this Council on the 26th May, 2010 on the same lines. The Council reiterates the contents of the resolutions dated 26.05.2010. The Council passed this resolution not for the purpose of conflicting with the powers of the State Bar Council nor does the House ever intend to be in any discord with the roles which have to be played by the State Bar Council as would be seen. The Council is associating with the State Bar Councils on an incremental scale with reference to matters of legal education. The aims of maintaining a high quality of legal education is bound to be a common purpose between the Bar Council of India and the State Bar Council duly constituted under the Advocates Act, 1961.

Thus, the Council does not consider that the regulation of legal education ought to be viewed as an appropriation of territorial sphere allocable to any statutory body under the Act, but must be one where common purpose and common intention must sub-serve the spirit of maintenance of the highest standard of legal education. Keeping the aforesaid in view, the Council is of the opinion that the concept of permanent/deemed affiliation/recognition/approval was rightfully withdrawn as stated in the resolution dated 26.05.2010. This was to ensure that permanent college, enduring institutions must still satisfy criteria from time to time. However, since the Rajasthan State Bar Council has referred to the delegation of powers in favour of the State Bar Council for the inspection of permanent law colleges, the Council reminds the State of Rajasthan Bar Council that this Council has now resolved that Member of the State Bar Council will be associated with step (b) of the inspection process. Hence, it is appropriate to communicate the present resolution to the State Bar Council of Rajasthan with request that the State Bar Council may consider the issue of cooperation with the Bar Council of India in maintaining the high ideals of legal education.

We may also inform the State Bar Council that after elaborate consideration of the various issues involving legal education including the administration/mal administration of the university/ centers of legal education, that we have considered it appropriate that the rules framed by the Bar Council of India (Part IV) namely Rules of Legal Education, 2008 must be strictly implemented. The scheme of these rules contemplate that it is the university which confers a law degree which must play a primary role of satisfying the Bar Council of India that its degree entitles the holder of the degree for enrolment at the bar. The enrolment

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India at the bar is admittance to a legal profession marked by nobility, fearlessness and independence. The Profession symbolizes the high ideals of Indian Constitution. It is also necessary that admittance to the legal profession must take place in a conscious manner so that the rule of law which inheres in the Constitution can be maintained in a fair, transparent and democratic manner by the constituents of the legal profession who are regulated under the Advocates Act, 1961. It therefore becomes the solemn and the paramount duty of this body, the Bar Council of India, to ensure that all institutions which impart degrees namely universities must be universities as described by Dr. Sarvepalli Radhakrishnana in his report on university education.

Therefore, it is necessary according to the rules that the universities must take upon themselves the primary onus of satisfying this body that their degree in respect of education namely legal education which may be imparted either by the university or by a constituent college or by an affiliated college will be entitled to recognition and respect. The universities structures must be analyzed, the universities structure must be weighed, the university must inspire confidence, the university must be capable of withstanding the regulatory role which has been assigned to it under the University Grants Commission Act, 1958. Therefore, this would be the first step in the process. It is after the first step being effectively completed that the Council would look at the centres of legal education. In fact the Council wish to dispel this impression by which people have been misinformed that the Bar Council of India intends to have direct connection with centers of legal education. These centers of legal education cannot exist by themselves. They have to exist under the umbrella as well as patronage of the university. They are actually the limbs of the university and the Bar Council of India is concerned with the primary control being exercised over the university and also the centers of legal education. It would be difficult for this Council to undertake an annual review by annual inspection of each one of the law colleges in this country. There would be no one who would be able to ensure that standards of appropriate quality of legal education are maintained in the centers in legal education unless the university undertakes a charter continuing responsibility and accountability to this Council. It is in that spirit, the Council have decided that there will be two processes involved

(a) Step (a) i.e. the inspection/satisfaction propounded by the universities. (b) Thereafter, upon a successful satisfaction of step (a), an inspection of the center for legal education.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India It is also been brought to our notice that many orders of affiliation which have been granted by the university are stated to be provisional upon the strength of which institution have admitted students without even seeking the approval of Bar Council of India. We are glad to note that proactive steps have been taken by the Allahabad High Court (In Re special bench). In this regard, we place on record our appreciation of the steps taken on the judicial side to ensure that no institution can be allowed to propagate legal education in its State unless and until it has the mandatory approval of the Bar Council of India and also is affiliated to a duly constituted university which is capable of imparting university functions in respect of legal education. In view of the above, we recommend to the State Bar Council of Rajasthan that they may review their resolution dated 11.12.2010 and work in harmony with the charter set out above.

We further order and direct that all institutions which claim “permanent approval” to deposit a sum of Rs. 1.50 lacs since inspection involves step (a) and step (b). Hence the inspection fee is enhanced from Rs. 1 lac to Rs. 1.50 lacs with immediate effect. We also direct that the universities which are granting degrees in respect of these institutions may be issued show cause notice as to why the degrees granted beyond April, 2011 be not withdrawn from recognition unless and until, the said universities/institutions comply with the step (a) and step (b) process as outlined in the present resolution.

We instruct the Directorate of Legal Education to proceed to issue appropriate communications setting out the Rules of Legal Education, enclosing a copy of legal education rules and ask each university which is granting degrees to such permanent institutions to make a proper statement of case/application presenting before the Council the manner in which it satisfies the standards as set out in the Legal Education Rules, 2008. We would also like each university to state whether it has a law department and the other requisite particulars as have been outlined under Item No.13 hereinabove.

In respect of such institutions which do not deposit a fee or make an application as pursuant to the present order, the Council will be constrained to pass a final order of derecognition of their degrees in the next sittings.

***** Item No.18/2011B (LE)

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India To consider the note on seeking clarification as to whether 10th or 10+2 or graduation is the “basic qualification” mentioned in explanation to Rule 5 (b) of Legal Education Rules as it has created confusion.

In view of the proviso, contained to Rule 5(b) read with the explanation it is clarified that to avail of the benefit of the proviso, the basic qualification of 10 th must be obtained not from the open university system.

***** Item No.19/2011B (LE)

To consider the Verification report submitted by Shri M. Rajender Reddy and Shri R. Santhan Krishnan in respect of Virender Kumar Singhal Law College, Moradabad.

The verification report submitted by the team consisting of Shri M. Rajender Reddy, Member, Bar Council of India and Shri R. Santhan Krishnan, Advocate, Supreme Court of India, is accepted and it is decided that the institution need not enjoy any further recognition from the hands of the Council. Let an injunction be issued stating that the said institution is derecognized by the Bar Council of India and name of the institution be included in the website. Let the resolution be communicated to the Registrar, Allahabad High Court forthwith.

In view of the verification report we are not satisfied that this institution must be given any recognition. We quote the following excerpts from the report “we understand that the college starts at 10.00 a.m. and teaching is imparted to the students till about 3.00 p.m. Though we reached the college at about 1.30 p.m. and did our verification for about 90 minutes, we did not find even a single student in the college….”.

Office is directed to maintain a record of all the trustees, sponsors, including the name of the University which permitted the said institution to actually offer degrees. The said details may be maintained in separate database so if any application for any institution is actually made by a member who is already in charge of an institution de-recognized by the Council, the said application can be rejected at the preliminary stage.

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India The following new columns should be added in the application forms: - a. Have you applied for inspection before? b. Who are the members of the Trust? c. Who are the Members of the Society? d. Whether any of the relatives of the said Members have applied for any application before the Council?

***** Item No.20/2011B (LE)

To consider the reports of inspection of the following law colleges submitted by inspection teams of the Bar Council of India 1. School of Law, Jain University, Ramnagara, Karnataka 2. Shri Omkarnath Malpani Law College, Sangamner, Maharashtra

The Council orders for Step (a) and step (b) process to be done forthwith subject to Supreme Court order. ***** Item No.21/2011B (LE)

To consider the report prepared by the Directorate of Legal Education with regard to Christ University, Bangalore.

Consideration of the above item is deferred for the next meeting of the Legal Education Committee. ***** Item No.22/2011B (LE)

To consider the representation of thirty six students of Sajjan Vidhi Mahavidyalaya, Pali, Rajasthan which was submitted as per the direction of Hon’ble High Court of Rajasthan Bench at Jaipur.

Consideration of the above item is deferred for the next meeting of the Legal Education Committee. *****

To consider the letter received from Unison School of Law, Dehradun dated 9.2.2011 requesting the Council to permit the change of name of the college to IMS School of Law, Dehradun.

To consider a letter received from M. D. University, Rohtak requesting the Council to permit the change of college name from Institute of Law and Management Studies, Gurgaon to University Institute of Law and Management, Gurgaon.

Consideration of the above item is deferred for the next meeting of the Legal Education Committee.

To consider letter dated 2.9.2010 received from Markandeya Law College, Gadchiroli, (Mah.) requesting the LEC to change the approval period which is granted from ‘2009-2010 & 2010-2011’ to ‘2010-2011 & 2011-2012’.

Item No.25/2011B (LE) To consider compliance reports received from the following law colleges: 1. Symbiosis International University, Noida 2. Baba Farid Law College, Faridkot 3. Nawada Vidhi Mahavidyalaya, Bihar 4. M. B. Khalsa College, Indore (MP) 5. Amity Law School, Centre- II Uttar Pradesh

of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India 6. Indian Institute of Legal Studies, Darjeeling 7. Faculty of Law, Sridhar University, Pilani 8. The Oxford College of Law, Bangalore

To consider the reply received from the following law colleges in respect of Show Cause Notice issued to them.

1. Bharati Vidyapeeth’s New Law College, Kolhapur 2. Sidhartha Law College, Gulbarga 3. Yashwantrao Chavan Law College, Karad 4. Maddi Pattabhi Rama Reddy Law College, Srikukulam 5. D.H.S.K.Law College, Dibrugarh 6. Dr. Rohini Kanta Barua Law College, Dibrugarh 7. Dr. B.R.Ambedkar University, Srikakulam 8. Sarasathi Law College, Chitradurga 9. B.L.D.E. Association’s Law College, Jamkhandi 10. Seth Shankarlal Lahoti Law College, Gulbarga 11. Agra College, Agra

Item No.27/2011B (LE) Page 21 of 22 Legal Education Committee||16 & 17.04.2011 ©Bar Council of India a). To consider the letter received from Akashdeep Girls Law College, Jaipur requesting the Council to permit them to close down the college from the year 2011-12. b). To consider the letter received from Royal Institute of Management & Advanced Studies requesting the Council to permit them to close down the college from the year 2010-11.

Dated: 19.04.2011 New Delhi (J. R. Sharma) Officiating Secretary Bar Council of India

Typed By  Mr. Sanjeev/Deepak Corrected By  Mr. Laxmeesh S. Kamat, Fellow, BCI Checked By  Mr. J. R. Sharma, Mr. N. Senthil Kumar