Patna High Court - Orders
Syed Arif Quli @ Syed Arif Tuli vs Patliputra University on 4 August, 2021
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3636 of 2019
======================================================
Kunal Kaushal Son of Yogesh Kaushal Resident of Mohalla and P.O- Ishipur,
PS- Ishipur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary Government of Bihar, Patna.
2. The Principal Secretary, Education Department , Govt. of Bihar, Patna.
3. The Tilka Manjhi Bhagalpur University through its Registrar.
4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur.
6. The Principal Secretary to Hon'ble Chancellor, Raj Bhawan, Patna.
7. The Madhusudhan Singh, Son of not known to the petitioner, Incharge
Principal, T.N.B. Law College, Bhagalpur.
8. Bar Council of India through its Secretary, 21, Rose Avenue Institutional
Area, Near Bal Bhawan, New Delhi- 110002.
9. Baba Saheb Bhim Rao Ambedkar University through its Registrar,
Muzaffarpur.
10. B.N. Mandal University through its Registrar, Madhepura.
11. J.P. University through its Registrar, Chhapra.
12. L.N.Mithila University through its Registrar, Darbhanga.
13. Magadh University through its Registrar, Bodhgaya.
14. University Grant Commission through its Secretary, New Delhi.
15. Patna University through its Regisrar.
16. Patliputra University through its Registrar, Patna.
17. Veer Kunwar Singh University through its Registrar, Arah.
18. The Secretary, C.M. Law College, Darbhanga, Bihar.
19. Nawada Vidhi Mahavidyalaya, Nawada, Bihar.
20. K.K. Law College, K. K. University, Nalanda, Bihar.
21. Narayan School of Law, Gopal Narayan Singh University, Rohtas, Bihar.
22. Shri Krishna Jubilee Law College, Muzaffarpur, Bihar.
23. Surdeo Law College, Katihar, Bihar.
24. C.K.M., Araria, Araria, Bihar.
25. Raghunath Pandey Memorial Law College, Muzaffarpur, Bihar.
26. Brajmohan Thakur Law College, Purnea, Bihar.
Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021
2/9
27. Ram Kumar Ayodhya Law College, Begusarai, Bihar.
28. Munshi Singh Law College, Motihari, Bihar.
29. R.M.M. Law College, Saharsa, Bihar.
30. Shivnandan Prasad Mandal Law College, Madhepura, Bihar.
31. T.N.B. Law College, Bhagalpur, Bihar.
32. Bishwanath Singh Institute of Legal Studies, Munger, Bihar.
33. Jannayak Karpuri Thakur Vidhi Mahavidyalaya, Buxar, Bihar.
34. Rohtas Vidhi Mahavidyalaya, Sasaram, Bihar.
35. Faculty of Law Campus, College of Commerce, Patna, Bihar.
36. Vidhi Mahavidyalaya, Samastipur, Bihar.
37. Anugrah Memorial Law College, Gaya, Bihar.
38. Maharaja Law College, Ara, Bihar.
39. Patna Law College, Patna, Bihar.
40. R.P.S. Law College, Patna, Bihar.
41. Bihar Institute of Law, Patna, Bihar.
42. Amity Law School, Amity University, Patna, Bihar.
43. Surendra Pd. Yadav Vidhi Mahavidyalaya, Gaya, Bihar.
44. Ganga Singh Law College, Chhapra, Bihar.
45. Bihar University Service Commission, Patna, Bihar.
46. Staff Selection Commission, Patna, Bihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9338 of 2021
======================================================
Vivek Kumar Gupta S/o Shri Upendra Prasad, R/o Ward - 17, Gandhi Nagar,
Katarahia, P.O. - Lakshmisagar Milki, Darbhanga, Bihar - 846009.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar, New
Secretariat, Patna - 800001.
2. The Department of Education Government of Bihar through its Principal
Secretary, New Secretariat, Vikas Bhawan, Patna - 800001.
3. Lalit Narayan Mithila University through its Vice Chancellor,
Kameshwarnagar, Darbhanga, Bihar - 846004.
4. Chandradhari Mithila Law College through its Principal Danvy Building,
West of Harahi Tank, Lalit Narayan Mithila University, Kameshwarnagar,
Darbhanga, Bihar, Pin - 846004.
Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021
3/9
5. University Grants Commission through its Chairman, Bahadur Shah Zafar
Marg, New Delhi - 110002.
6. Bar Council of India through its Secretary, 21 Rouse Avenue Institutional
Area, Near Bal Bhavan, New Delhi - 110002.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9455 of 2021
======================================================
Syed Arif Quli @ Syed Arif Tuli S/o Late Syed Mohammad Zafar Quli,
Resident of Nawab Khohi, Naya Tola, Baripath P.S. Kadam Kuan, District -
Patna.
... ... Petitioner/s
Versus
1. Patliputra University through its Registrar, Patliputra University, Old
Campus of Magadh University, near Bahadurpur Gumti, Kankarbagh,
District - Patna - 800020.
2. Vice Chancellor, Patliputra University, Old Campus of Magadh University,
Near Bahadurpur Gumti, Kankarbagh District Patna - 800020.
3. Registrar, Patliputra University Old Campus of Magadh University, Near
Bahadurpur Gumti, Kankarbagh District - Patna - 800020.
4. Bihar Institute of Law, through its Principal Raza Bazar, Ashiana More,
Patna - 80014.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 3636 of 2019)
For the Petitioner/s : Mr. Dinu Kumar, Advocate
Ms. Ritika Rani, Advocate
Mr.Arvind Kumar Sharma, Advocate
Ms. Sangita Kumari, Advocate
Mr. .Vijay Kumar Vimal, Advocate
Mr. Binod Kumar, Advocate
Mr. Bibhakar Tiwary, Advocate
For the State : Mr. Ajay Kumar Rastogi, AAG-10
Mr. Shashi Shekhar Tiwary, AC to AAG 10
Mr. Rajendra Kumar Giri, Advocate
For the BCI : Mr. Vishwajeet Kumar Mishra, Advocate
For Respondent Nos.
3,4 and 5 : Mr. Ashhar Mustafa, Advocate
Mr. Abu Nasar, Advocate.
For the Respondent Nos.
10, 11, 13, 17, 29 & 35 Mr. Ritesh Kumar, Advocate
For the Respondent No.18 & 39 Mr. Nadim Seraj, Advocate
For the Respondent No.19: Mr. Anjani Parasar, Advocate
For the Respondent No.21: Mr. P.K.Shahi, Sr. Advocate
Mr. Amish Kumar, Advocate
Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021
4/9
For the Respondent No.24: Mr. Subodh Kumar Jha, Advocate
For the Respondent No.25: Mr. Y.C.Verma, Sr. Advocate
For the Respondent No.26: Mr. Kaushal Kumar Jha, Sr. Advocate
Mr. Shankar Kumar Choudhary, Advocate
For the Respondent No.29 Mr. Ritesh Kumar, Advocate
For the Respondent No.30: Mr. Prafulla Chandra Jha, Advocate
For the Respondent No.31: Mr. Anjani Kumar, Sr. Advocate.
Mr. Amit Kumar Jha, Advocate
For the Respondent No.32: Mr. Samir Kumar, Advocate
For the Respondent No.33 & 35: Mr. Ram Chandra Singh, Advocate
For the Respondent No.34: Mr. Anshuman Singh, Sr. Advocate
For Respondent No.37 : Mr. N. K. Agrawal, Sr. Advocate
Mr. Diwakar Upadhyaya, Advocate
Ms. Preety Kunwar, Advocate
For the Respondent No.38: Ms. Jyoti Kumari Advocate.
For the Respondent No. 40 Mr. Abhinav Shrivastava, Advocate
For Respondent No.41 : Mr. Mukul Sinha, Advocate
For the respondent : Mr. Sandeep Kumar, Senior Advocate
(In Civil Writ Jurisdiction Case No. 9338 of 2021)
For the Petitioner/s : Mr. Anjani Kumar, Sr. Advocate
Mr. Vishal Kumar Singh, Advocate
Mr. Shashwat, Advocate
Mr. Chiranjeevi Suman, Advocate
Mr. Kartik Satish, Advocate
For the State : Ms. Shilpa Singh, GA-12
(In Civil Writ Jurisdiction Case No. 9455 of 2021)
For the Petitioner/s : Mr. Shivjee Singh, Advocate
Mr. Subodh Prasad, Advocate
For the Respondent/s : Mr.(Dr.) Anand Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021
5/9
20 04-08-2021Delink C.W.J.C. No. 9338 of 2021 and list separately on 09.08.2021.
C.W.J.C. Nos.3636 of 2019 and 9455 of 2021 We have interacted with the learned counsel appearing for the respective Educational Institutions/Colleges.
Some of the learned counsel have agreed for getting their clients-Educational Institutions/Colleges inspected by the Regulator, i.e. the Bar Council of India.
For convenience, names of such Educational Institutions/Colleges along with the names of their respective counsel who have agreed for inspection are indicated in a tabular form hereunder:
Sl. No. Respondent Name of the College Name of the learned counsel Number 1 Respondent B.N. Mandal University, Shri Ritesh Kumar No.10 Madhepura 2 Respondent J.P. University, Chapra Shri Ritesh Kumar No.11 3 Respondent Veer Kunwar Singh University, Shri Ritesh Kumar No.17 Ara 4 Respondent C.M. Law College, Darbhanga Md. Nadim Seraj No.18 5 Respondent Nawada Vidhi Mahavidyalaya, Shri Anjani Parashar No.19 Nawada 6 Respondent Narayan School of Law, Gopal Shri P.K.Shahi, learned senior No.21 Narayan Singh University, counsel, assisted by Shri Prince Rohtas; Kumar Mishra and Shri Amish Kumar 7 Respondent C.K.M. Araria Shri Subodh Kumar Jha No.24 8 Respondent Raghunath Pandey Memorial Shri Y.C.Verma, learned senior No.25 Law College, Muzaffarpur counsel 9 Respondent Braj Mohan Thakur Law Shri Shankar Kumar Choudhary No.26 College, Purnea 10 Respondent R.M.M. Law College, Saharsa Shri Ritesh Kumar No.29 11 Respondent Shivnandan Prasad Mandal Law Shri Prafulla Chandra Jha No.30 College, Madhepura 12 Respondent T.N.B. Law College, Bhagalpur; Shri Anjani Kumar and Shri Amit No.31 Kumar Jha 13 Respondent Bishwanath Singh Institute of Shri Samir Kumar No.32 Legal Studies Munger 14 Respondent Jannayak Karpuri Thakur Vidhi Shri Ram Chandra Singh No.33 Mahavidyalaya, Buxar 15 Respondent Rohtas Vidhi Mahavidyalaya Dr. Anshuman Singh, learned Senior No.34 Sasaram; Advocate 16 Respondent Faculty of Law Campus, Shri Ram Chandra Singh and Shri Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021 6/9 No.35 College of Commerce, Patna Ritesh Jha 17 Respondent Anugrah Memorial Law Shri N.K.Agrawal, learned senior No.37 College, Gaya; counsel, assisted by Shri Diwakar Upadhyay and Ms. Preety Kunwar 18 Respondent Maharaja Law College, Arrah; Ms. Jyoti Kumari No.38 19 Respondent Patna Law College Mr. Nadim Seraj No.39 20 Respondent R.P.S. Law College, Patna Shri Abhinav Shrivastava No.40 21 Respondent Bihar Institute of Law, Patna Shri Mukul Sinha No.41 We are of the considered view that the standard of education in respect of each one of the Educational Institutions/Colleges imparting education in the field of law cannot be allowed to be compromised. In fact, it needs to be enhanced with each passing day so as to bring in uniformity and excellence. For, enhancement in the standard of education having a direct co-relation, alone can bring in excellence in the profession at all levels. Under no circumstances, Educational Institutions/Colleges can be allowed to run without fulfilling mandatory requirements prescribed under law. There cannot be relaxation in that regard. We are equally concerned with the future of the students who already stand admitted in the Educational Institutions/Colleges and are pursuing their courses.
We are sure the Regulator shall, in all earnestness, find a solution for them.
The Educational Institutions/Colleges undertake to submit their requisite applications/complete all formalities, making the application complete in all respect. Some of the Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021 7/9 Educational Institutions/Colleges are ready and willing to do so immediately and perhaps within next seven days. We leave it to the Educational Institutions/Colleges to submit their applications for inspection within the time period convenient for them, but then, this must be so done, positively, with reasonable dispatch and the required urgency.
We further direct that upon receipt of such applications for re-inspection/fresh inspection, the Regulator shall have each one of the Educational Institutions/Colleges inspected, either through physical or hybrid mode, i.e. physical and/or digital mode, within two weeks thereafter. It is clarified that the period of two weeks shall commence from the date of receipt of the application complete in all respect.
Each one of the Educational Institutions/Colleges undertake to fully cooperate during the course of inspection and assist the Inspection Committee by apprising the members of the infrastructure in place, both mandatory and directory, so required in terms of and under the Rules, more specifically the Legal Education Rules, 2008. Regulator shall in a tabular form indicate the infrastructure in place and what all is deficient.
It shall be open for the Regulator to consider the report of the Inspection Committee and take a decision both on Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021 8/9 the issue of intake capacity and the date from which these Institutions/Colleges can allow the students to further pursue their studies, for completing their courses or commencing fresh courses.
Equally, it shall be open for the Educational Institutions/Colleges to pursue the matter with the respective Universities for conducting examinations for the courses already undertaken and completed by the students and also for enhancing the intake capacity.
We clarify that the Regulator must take decisions within two weeks from the date of receipt of the applications for, as we are informed, students are waiting to be admitted to the higher classes/courses. Also it shall be open for the Regulator to accord provisional permission, upon being fully satisfied of the Educational Institutions/Colleges meeting with the mandatory requirement for establishment of the Educational Institutions/Colleges eligible to impart education in the field of law, in accordance with law. But however, the mandatory requirement, unless otherwise permissible in law, cannot be dispensed with.
If any one of the Educational Institutions/Colleges is found to be wanting in meeting the deficiencies, the Regulator Patna High Court CWJC No.3636 of 2019(20) dt.04-08-2021 9/9 shall inform the said Educational Institutions/Colleges and afford them opportunity for removal thereof within a specified period of time.
Further, we reiterate that under no circumstances the Regulator would compromise with the minimum standard prescribed for establishment of an Educational Institution/College within the State of Bihar.
Liberty granted to each one of the aforesaid Educational Institutions/Colleges to either independently challenge the decision of the Regulator or move an application seeking clarification of the directions issued thus far.
We only hope that the Regulator would assist the students, ensuring early completion of their course, even if they were to be accommodated in other Educational Institutions/Colleges within the State of Bihar.
List on 24.08.2021.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS/-
U