GAUHATI HIGH COURT ISSUES ORDER FOR HAM AK RURAL DEVELOPMENT FOUNDATION V/S THE STATE OF ASSAM AND ORS. CASE

GUWAHATI, India, Sept. 17 -- Gauhati High Court issued the following order on Aog. 19:

1. The instant writ petition has been filed with the following reliefs: Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned standing counsel, Higher Education Department, appearing for the respondent No.1, Mr. P.J. Phukan, learned standing counsel, Gauhati University, appearing for the respondent No.2, Mr. Ritwik Bhuyan, learned counsel appearing on behalf of Mr. A. Chamuah, learned standing counsel, UGC, for the respondent No.3 and Ms. M. Das, learned counsel appearing on behalf of Mr. P. Mahanta, learned counsel for the respondent No.4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner - HAM AK Rural Development Foundation, Nagaon, has prayed for issuing direction to the respondent authorities, particularly the respondent No.2, for giving provisional affiliation in favour of proposed HAM AK Law College, Nagaon, Assam, under Gauhati University funded by the petitioner foundation, to get approval from the Bar Council of India (BCI) for running LL.B. and BA LL.B.(H) courses in response to the application submitted by its Director, on 31.03.2022 and subsequent application on 02.05.2022, by exempting the requirement of submitting the NOC from the Government by the respective institutions who have applied for affiliation, notified by the respondent No.2 by issuing a common Notification dated 24.05.2022, and also to direct the respondent No.2 to start the process of issuing provisional affiliation or NOC by initiating the process of inspection of the proposed site of HAM AK Law College, which is already being constructed as per norms and requirement of the BCI.

3. Mr. Mahanta, learned counsel for the petitioner submits that the petitioner is a Non-Governmental organization, registered under the Societies Registration Act as well as Companies Act and with a view to start a law college to impart LL.B. and BA LL.B.(H) degrees, it had submitted application to the respondent No.2, as per norms of the BCI on 31.03.2022 to the Gauhati University, the respondent No.2. But, the respondent No.2, had not taken any action upon the application filed by the petitioner and subsequently, the petitioner had filed another application on 02.05.2022, seeking provisional NOC as well as affiliation, from the respondent No.2 to get approval from BCI for running LL.B. and BA LL.B.(H) courses, as it is mandatory to submit the copy of affiliation obtained from the university concerned to the BCI at the time of making application as per the provision of Rule 6, under the heading of 'Periodic Instruction' mentioned in Chapter II of the Bar Council Inspection Manual, 2010. Mr. Mahanta submits that the respondent No.2, by a common Notification, dated 24.05.2022, notified all concerned that the University will accord permission to open a new college/stream/subject(s) after obtaining NOC from the Government by the respective institution, with a further request to all concerned who have applied for the same but still pending for a decision to submit Government NOC in the Office of the Director, College Development Council. But, Mr. Mahanta submits, the Notification, dated 24.05.2022, was issued by the respondent No.2 on the basis of one Office Memorandum (O.M.) issued by the Government of Assam, and the said O.M. is not applicable in case of the College, being proposed to be started by the petitioner, is a private funded college and that being so, refusal to give permission to the petitioner college amounts to contravention to the existing law occupying the field and as such, the action of the respondent No.2 is arbitrary and illegal and therefore, it is contended to allow this petition. In support of his submission, Mr. Mahanta has referred to decisions of Telengana High Court in SIC College of Pharmacy and Others vs. Jawaharlal Nehru Technological University, Hyderabad and Others in Writ Petition No. 19770 of 2015.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfGtJF%2F903i2EzUj4in%2F2nX3EbByFP4AYaYfD7Zv%2B7oyd&caseno=WP(C)/3782/2022&cCode=1&cino=GAHC010110362022&state_code=6&appFlag=)

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