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The Bar Council of India (for short, BCI), represented by its Secretary is the appellant in both the Writ Appeals. The appellant-BCI is aggrieved by the order of the learned single Judge dated 20.4.2006 in W.P.No.10231 of 2006 (in W.A.No.929 of 2006) and dated 21.3.2006 passed in W.P.No.24928 of 2005 (in W.A.No.933 of 2006).

2. By the orders impugned in these Writ Appeals, the learned single Judge has taken the view in the Writ Petitions filed by the two Deemed Universities, namely Saveetha Institute of Medical and Technical Sciences (for short, SAVEETHA) and Shanmuga Arts, Science, Technology and Research Academy (for short, SASTRA) were governed by the provisions of the University Grants Commission Act (for short, UGC Act) and therefore, Section 6 of the Tamil Nadu Dr.Ambedkar Law University Act, 1996 will have no application to such Deemed Universities (the first respondent in the Writ Appeals). The learned single Judge therefore set aside the order of the appellant-BCI directing the writ petitioners-Deemed Universities, to get "No Objection Certificate" (for short, NOC) from the State Government and recognition letter for the purpose of granting approval of "Affiliation" to the writ petitioners to start a Law course. The learned Judge also directed the appellant-BCI to consider the application of the first respondent-Writ Petitioners (Deemed Universities) for approval of the Affiliation to B.A., LL.B. (five years-integrated) and LL.B. (three years) Law courses without reference to the NOC from the State Government. The learned single Judge however made it clear that the appellant-BCI is entitled to consider the request for approval of the Affiliation on the basis of its inspection report.

(viii) 1979 (Vol.118) I T R 235 (Division Bench of Madras High Court) (Addl. C.I.T. vs. Aditanar Educational Institution) and
(viii) 2005 (5) SCC 420 (Prof.Yashpal vs. State of Chattisgarh).

8. Mr.R.Muthukumarasamy, learned Senior Counsel appearing for the first respondent in W.A.No.929 of 2006, namely Saveetha Institute of Medical and Technical Sciences, Deemed University (for short, SAVEETHA), submitted that there is no provision of law requiring the Deemed Universities to apply for and obtain a permission for establishing a Law course and therefore, Rule 18(2) of Part IV, Section A of the amended BCI Rules cannot be put against them. The learned Senior Counsel appearing for the SAVEETHA therefore contended that any law which is putting forward a requirement for getting permission, must be a valid law in the context of the Advocates Act, and the BCI Rules which are referable to Entry 77 and Entry 78 of List-I of Seventh Schedule (Article 246) of the Constitution of India and there can be no law or a State Legislation requiring permission of the State Government to start a Law course. The learned counsel appearing for the SAVEETHA also contended that the Deemed Universities cannot be treated as institutions or Colleges for the purpose of any Act, in view of the provisions of the UGC Act. The learned counsel appearing for the SAVEETHA referred to similar provisions of law like that of Section 5(v) of Dr.Ambedkar Law University Act as contained in the M.G.R. Medical University Act, which was struck down by the Supreme Court in the judgment reported in 1996 (3) SCC 15 = AIR 1996 SC 2384 (T.K.V.T.S.S. Medical Educational and Charitable Trust vs. State of Tamil Nadu). The learned Senior Counsel appearing for the SAVEETHA also relied upon the following decisions in support of his submissions:

(xiii) Insofar as co-ordination and determination of standards in institutions for higher education or research, scientific and technical institutions, are concerned, the subject is exclusively covered by Entry 66 of List-I (Union List) of Seventh Schedule to the Constitution of India, and the State has no power to encroach upon the Legislative competence of the Parliament.

35. Having regard to our conclusions on the implications of Rule 18(2) of Part IV Section A of the amended BCI Rules read along with Sections 5(v) and 6 of Dr.Ambedkar Law University Act, 1996, as well as various provisions of the UGC Act, in particular, Sections 3 and 22 and also by applying the principles set out in the various decisions culled out by us in the previous paragraph of this judgment, to the case on hand, we are satisfied that neither Section 5(v) nor Section 6 of Tamil Nadu Dr.Ambedkar Law University Act, 1996 can over-ride the provisions as contained in Sections 3 and 22 of the UGC Act (a Central Legislation). As SASTRA and SAVEETHA are admittedly the Deemed Universities, the application of Section 5(v) of Dr.Ambedkar Law University is out of question. Similarly, Section 6(1) of Dr.Ambedkar Law University Act will not also apply, inasmuch the said institutions, namely SASTRA and SAVEETHA cannot be held to be a mere Law College or institution imparting legal education de-hors the University status acquired by these Deemed Universities under the provisions of the Central Act. Therefore, there is no question of any statutory compulsion as provided under Section 6(1) of Dr.Ambedkar Law University Act, to seek for its Affiliation like an ordinary Law College or any other institution imparting legal education. Section 6(2) of Dr.Ambedkar Law University Act will also not apply to these Deemed Universities, inasmuch as it talks of a Law College or institution imparting legal education affiliated with any other University whether within the State of Tamil Nadu or outside the State of Tamil Nadu.

40. Irrespective of our above view on the implication of Section 6(2) of Dr.Ambedkar Law University Act, 1996 on its own, when the application of the said provision, in the light of the provisions contained under the UGC Act is examined, it will have to be stated that by virtue of the settled legal position, namely that the UGC Act (a Central Legislation) will prevail over Tamil Nadu Dr.Ambedkar Law University Act, 1996 and since SASTRA and SAVEETHA being "Deemed Universities" as declared under the provisions of Section 3 of the UGC Act, those Universities are not bound to follow the provisions of Dr.Ambedkar Law University Act. In other words, neither Section 5(v) nor Section 6 of Dr.Ambedkar Law University Act will apply to SASTRA and SAVEETHA "Deemed Universities" by virtue of the position that they are governed exclusively by the provisions of the UGC Act.