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BCI bans Delhi University law grads’ enrolment & disaffiliates all law centres because ‘not bothered’ following rules

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The Bar Council of India said it will not allow recent graduates of Delhi University’s Campus Law Centre (CLC), Law Centre-I (LC-I) and Law Centre-II (LC-II) to enrol as advocates, de-affiliating and singling out the Delhi University as “one university in India which is not bothered and not taking care at all” to follow BCI rules.

The BCI wrote to the vice chancellor (VC) of the DU on 22 September regarding “extension of approval of affiliation and enrolment of students who have passed out from the law centres of University of Delhi beyond the year 2010-11”. (see full letter below)

It wrote that “in absence of extension of approval of affiliation of these law centres the students who were admitted in the sessions 2011-12 onward and passed out from the academic year 2013-14 are not eligible for enrolment as advocates. You are therefore advised to take appropriate action with regard to these law centres and inform the Council about steps taken in this regard immediately”.

BCI secretary Jogi Ram Sharma, who had signed the letter, told Legally India that the BCI had recognised the DU as a “deemed university” until 2011, after which it had written to the VCs of universities such as DU that to continue with their “deemed” status they were required to follow the BCI’s new rules on legal education, which came into force in 2010.

Sharma said that many universities across India made representations before the BCI, “got regularised” and obtained deemed status again.

“This is one university in India which is not bothered and not taking care at all,” he commented.

“We wrote a letter to DU. They didn’t respond to us till today even. Then we are getting various complaints from students all the time that DU is not following rules on academic infrastructure, that it is conducting classes in three shifts throughout the day, that there are no teachers, there are many restrictions,” he added.

He said that this time the BCI has specifically written to the DU on this issue, on the specific complaints of students. A copy of this letter has been sent to the Bar Council of Delhi.

“If they come to us with their matter then we can see what can be done,” he commented.

Last week the BCI asked law schools to prevent empty classrooms by forbidding term-time internships.

According to the Facebook post of Punjab & Haryana Bar association president Anil Kumar Yadav, the DU's five-yearly inspection by the BCI was due, and the BCI had sent repeated reminders about it to the University. He also added that "it appears that due to mistake or otherwise, some of the Institutions […] have not yet applied for approval under Legal Education Rules – 2008. It is made clear that without getting approval under new Rules of Legal Education – 2008, it is quite illegal to impart legal education leading to degree in law”. Full post:

FACULTY OF LAW, UNIVERSITY OF DELHI DETAINING STUDENTS ILLEGALLY & ARBITRARILY FOR SHORTAGE OF ATTENDANCE AND AWARDING INVALID DEGREE.

FACULTY OF LAW, UNIVERSITY OF DELHI, OPENLY FLOUTING THE RULES OF LEGAL EDUCATION, 2008, FORMULATED BY THE BAR COUNCIL OF INDIA, BY ILLEGALLY AND ARBITRARILY DETAINING THE LAW STUDENTS FROM TAKING ENTIRE END-SEMESTER EXAMINATION ON ACCOUNT OF SHORTAGE OF ATTENDANCE ON THE ONE HAND AND AWARDING DEGREE IN FLAGRANT AND GRAVE VIOLATION OF THE SAID RULES ON THE OTHER HAND.

Certain students of First Semester of LL.B three year degree course have been detained by Faculty of Law, University of Delhi, Delhi, from taking the entire end-semester examination for the first semester (held from 30/11/2013 to 16/12/2013) on account of shortage of attendance and thereby refused to issue admit cards to these students. Resultantly these students could not take the end-semester examination for the first semester. Now these students are being represented by the Faculty of Law that as there is no provision for re-admission to the said course for the students who have been detained from taking the end-semester examination from taking the end-semester examination on account of shortage of attendance under the existing university rules, therefore, their admission stands cancelled and consequently, they will have to again appear in the entrance test to be held in June, 2014, if they intend to seek fresh admission in the said course.

As per the Dean as well as the Professor-in-Charge of the three Law Centers of the Faculty of Law, University of Delhi, these students have been detained from taking the entire end-semester examination because of the reason that they failed to put in 66% attendance in aggregate in the first semester. However, students who have put in 66% attendance in aggregate have been issued admit cards.

Out of these detained students, there are various students, who, though have failed to put in 70% attendance in each subject but have put in 70% attendance in some of the subjects out of the five subjects. The aforesaid action of the Faculty of Law, University of Delhi, of detaining these students from taking the entire end-semester examination is violative of Rule 12 - End Semester Test of the Rules of Legal Education, 2008.

Rule 12 - End Semester Test contained in Chapter-II of the Rules of Legal Education, 2008, formulated, approved and adopted by the Bar Council of India vide its resolution bearing no. 110 dated 14.9.2008, provides that :-

“No student of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum of 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together. Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education, as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together.

On a plain reading of the aforesaid rule it is explicit that a student can be detained from taking the end-semester examination only in a subject in which he fails to put in 70% attendance. If a student put in 70% attendance even in one subject and fails to put in the requisite % of attendance in other subjects out of the total subjects then as per the aforesaid rule such a student could only be detained from taking the end-semester examination only in those subjects in which he has failed to put in 70% attendance. Thus the detention of all such students by the Faculty of Law on the ground that they have failed to put in 66% attendance in aggregate without giving them any written ‘warning’ as contemplated in its own ‘attendances rules’ (page 35 of the Bulletin of Information - 2013) and/or an opportunity of personal hearing, who have put in 70% attendance even in one subject out of the five subjects is illegal, arbitrary, discriminatory, without jurisdiction and the principles of natural justice, equity and good conscience on the face of it.

It is further germane to point out that after formulating, approving and adopting the said Rules of Legal Education, 2008, the Bar Council of India had announced that all law schools and colleges need to report compliance with the Legal Education Rules, 2008 and fixed the deadline for the submission of the same by 5 PM, July 15, 2010.
Thereafter, the bar Council of India gave another public notice which is
as under :-

“LAW COLLEGES WHICH HAVE NOT APPLIED FOR EXTENTION OF APPROVAL OF AFFILIATION OF BAR COUNCIL OF INDIA.

It is notified for the public that Legal Education Committee of the Bar Council of India in its meeting dated 30.04.2010 had decided that all the Centres of Legal Education (irrespective of their deemed or permanent status) will have to conform to the Legal Education Rules – 2008 and it was also decided that a law college/law school/ institution, which has not been inspected for a continuous period of 5 years, shall have to apply afresh to the Bar Council of India and shall have to seek approval of affiliation on or before 31st July, 2010 itself. In spite of this, it appears that while 80% of such deemed universities have already applied afresh and most of them have got fresh approval as per Rules of Legal Education – 2008. But it appears that due to mistake or otherwise, some of the Institutions (List enclosed) have not yet applied for approval under Legal Education Rules – 2008. It is made clear that without getting approval under new Rules of Legal Education – 2008, it is quite illegal to impart legal education leading to degree in law. In view of the above, it is made clear that the students passed out from such colleges/universities having no approval under Rules of Legal Education – 2008 will not be eligible to be enrolled as an advocate in the State Bar Councils and would not be entitled to practice in courts.

All concerned are advised to see enclosed list of colleges/universities having deemed/so called permanent status which have not applied for the fresh approval in terms of Rules of Legal Education – 2008. The students are, therefore, advised not to take admission in such colleges/universities, who have not got fresh approval under Legal Education Rules – 2008 of Bar Council of India.”

Surprisingly, the University of Delhi, a statutory body created under the Delhi University Act, 1922, which carries out an important ‘public function’ of imparting education, is still following the old Rule-3, of the Standards of Legal Education and Recognition of Degrees in Law for Admission as Advocates which stood repealed on 14/9/2008 when the BCI adopted the aforesaid new legal education rules and is issuing an invalid law degrees to the students who have put in 66% attendance in aggregate whereas rule 12 of the new BCI Rules of Legal Education, 2008, requires that a law student of any programme would be allowed to take examination in a subject in which he has put in 70% attendance.

Anil Kumar Yadav,
Chairman,
Disciplinary Committee
Bar Council of Punjab & Haryana.

Hat-tip to @deepakjoshica and @mubashshir_s on Twitter for pointing us to the notice.

BCI Notice to DU

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