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Now, court smells a rat in private law colleges

Within a fortnight of expressing concern over privatisation of education and grant of affiliation to professional colleges by
regulators without following the guidelines, the Supreme Court on Monday stumbled upon a similar scam
pertaining to private law colleges.

A vacation Bench comprising Justices Dalveer Bhandari and A K Ganguly felt that the problem was much larger than the case pertaining to a private law college in Madhya Pradesh and appointed a high-level probe team headed by Solicitor General Gopal Subramaniam and comprising Supreme Court Bar Association president M N Krishnamani to go into the root of the problem.

The issue came under the court's scanner after the Bar Council of India challenged the MP High Court's order directing fresh inspection of Bonnie Foi Law College at Bhopal by two advocates saying it alone was statutorily mandated to inspect law colleges seeking affiliation.

"The issue is much larger," said the Bench and permitted the committee to take assistance of legal experts and academicians in its endeavour to get to the root of the problem concerning private law colleges.

The Bench said it has knowledge of law colleges in Mumbai operating from two-room set-ups and was critical of the manner in which BCI granted affiliation to private law colleges.

Refusing to place much weight on the report of BCI, the Bench said: "This is not the way inspection is to be carried out. It's a matter of common knowledge that before granting affiliation, proper exercise is to be carried out about faculty, infrastructure, library, etc. It is also necessary whether requisite number of faculty members are employed by the college and whether they are granted minimum pay-scale recommended by the Fifth and the Sixth Pay Commissions.

Slamming the BCI, the Bench said: "They (BCI) do not know what to inspect. The BCI report of inspection is very perfunctory. Those in the BCI, we are very sorry to say this, are not quite aware that the legal education cell within BCI dealing with grant of affiliation is headed by a retired Supreme Court judge and a high court judge to assist him."

Subramanium agreed with the Bench that there was a serious dearth of modern technical apparatus, efficient stock of foreign literature on developing laws and suggested a thorough scrutiny of private law colleges prior to grant of affiliation.

In the case of Bonnie Foi Law College, the court directed two members of BCI to conduct a fresh inspection along with two independent members, director of the National Judicial Academy (Bhopal) and NL Mitra, former vice-chancellor of the National Law University in Bangalore.



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