The Hindu : New Delhi News : Court declines to stay ruling on deemed varsities

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Tuesday, May 13, 2008
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New Delhi

Court declines to stay ruling on deemed varsities

J. Venkatesan

New Delhi: The Supreme Court on Monday declined to stay a Madras High Court judgment holding that the Bar Council of India cannot insist that deemed universities produce ‘no objection certificate’ (NOC) from the State government concerned for starting law courses/colleges.

A Bench of Justice B.N. Agrawal and Justice G.S. Singhvi, while refusing to stay the judgment, however, admitted the appeal filed by the BCI against the judgment, since important questions of law were involved.

The Bench, after hearing senior counsel M.N. Krishnamani for the BCI and senior counsel Soli Sorabjee appearing for Saveetha University (SIMATS), near Chennai, and advocate Sanjay Hegde, appearing for SASTRA University, Thanjavur, issued notice to the two deemed universities, which got a favourable verdict from the High Court.

The two universities applied to the BCI for grant of approval for starting a law college on their campus. The BCI, quoting Rule 18 (2) of Section A of the BCI Rules, insisted on production of NOC from the State government for starting the law college.

On petitions filed by them, a single judge of the High Court held that no such NOC was required and directed the BCI to grant approval without insisting on NOC.

On appeals from the BCI and others, a Division Bench initially gave a split verdict and thereafter the matter was heard by a third judge, who concurred with the findings of the single judge. Accordingly, the Division Bench directed the BCI to implement the single judge’s direction and grant approval to the two universities. The present appeal by the BCI is directed against this judgment dated December 17, 2007.

In its appeal, the BCI said under Section 6 of the Tamil Nadu Dr. Ambedkar Law University Act, no college imparting legal education shall be affiliated without the approval of the government and the university.

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