The Delhi University’s law schools will again undergo inspection by the Bar Council of India (BCI), which will decide if it can approve the use of a single new campus building by the three law centres. DU has also set up a committee to look into its law centres’ shortcomings and report back in three weeks.

The Delhi high court, in its latest order in the writs it is hearing against DU and the BCI, has given the law centres three weeks’ time to apply to the BCI for inspection of their new building. A BCI source told Legally India that a fresh application would be accompanied with the prescribed inspection fee of Rs 1.5 lakh per law centre.

DU had already shelled out Rs 4.5 lakh as BCI’s inspection fee in October 2014 when it inspected its three law centres for the first time ever. But after a highly critical report on the state of affairs at the centres, which BCI’s inspection team recommended must be closed down, DU submitted to the Delhi high court that it is in the process of improving things on campus and implementing the BCI’s recommendations.

DU’s law centres had ended up in Delhi high court shortly after the BCI last year disaffiliated them for failing to apply for the mandatory three-year inspection by the regulator.

A CLC Delhi faculty member Vijay Kumar Chaurasia, who has since resigned from DU, had filed a writ in the Delhi high court challenging the BCI’s power to DU’s law centres on the ground that the BCI’s Legal Education Rules 2008 – which empower the regulator to inspect law schools – cannot retrospectively apply to the DU which is governed by its own statute that was enacted much prior in time.

DU law centre’s former dean, SN Singh, had earlier filed a separate writ against DU for its law centres’ poor infrastructure, and after the BCI recommended that DU law centres should be shut down due to poor infrastructure, CLC Delhi first year student Tarun Narang also filed a writ against DU similar to Singh’s writ. These three writs were clubbed together by the Delhi high court.

Singh is appearing in person in his writ, while Chaurasia, who was represented by advocate Jamshed Ansari when he filed the writ, is no longer pursuing it, Legally India has confirmed from authoritative sources.

Narang briefed senior advocates Mohan Parasaran and Sidharth Luthra who are appearing alongside advocate Naushad Ahmad in the case.

DU had first submitted the proposal for its new building, that will merge the campus of all three law centres into one, to the court in October 2014.

Re-inspection

In his 22 April order in the case, Delhi high court justice Sanjeev Kumar observed:

“We hope and trust that the University of Delhi would make a written request for approval to shift the law centres to the new building within a period of three weeks from today. In case there is any difficulty and further time is required, the University of Delhi will file an application before this Court setting out the reasons and cause why more time is required.”

“We have fixed this time of three weeks as the University of Delhi have stated that they require two weeks time to file reply to the show cause notice issued by the Bar Council of India and the committee was formed on 6th April, 2015. Further, the Bar Council of India would require time to inspect the building and in case there are shortcomings, these will have to be rectified and corrected. The next session of the law centres would begin sometimes in July-August. Thus, the application or proposal to shift to the new building has to be moved expeditiously and without any further delay. Moreover, the University of Delhi have stated and affirmed that the new building is now ready and fit for occupation.”

DU committee

The 22 April order noted that DU’s counsel Mohinder JS Rupal and Sandhya Raghav informed the court that DU has formed a three-member committee to look into the infrastructural shortcomings mentioned by the BCI in its inspection report on the law centres, and reply to the BCI’s notice asking DU to show cause why it should be re-affiliated.

They sought another two weeks to reply to the show cause notice, the reply to which was already delayed by two weeks on the date of the order.

The order, noting in particular the aspect of poor hygiene and DU’s October 2014 advertisement to fill up 71 assistant professor post, stated:

“The University of Delhi will also examine allegations that proper hygiene standards are not being maintained in the toilets, canteen and there is also paucity of water and lack of water coolers. It is also stated that legal software and books are not available though funds are available. It is stated that the three-member committee appointed by the University of Delhi is also examining the said aspects and necessary and required steps will be taken.”

“The University of Delhi will take remedial steps required and necessary within a period of three weeks from today. An affidavit on the said aspects will be filed by the University of Delhi.”

“An advertisement dated 23rd October, 2013 was issued inviting applications for the post of Assistant Professors in various departments. The advertisement included 61 posts of Assistant Professors in the Faculty of Law. The University of Delhi will file an affidavit stating whether the said posts have been filled up and in case the said posts are vacant, the reason and cause for the delay and what steps have been taken for filling up of the posts. In case the posts are still vacant and are required to be filled up, immediate steps should be initiated to fill up the posts as per law. Affidavit on the said aspect will be filed by the University of Delhi within three weeks from today. The affidavit will also indicate whether upgradation of infrastructure is required for new appointments and steps to be taken for the same.”

The case will be next heard on 27 May.

The BCI has allowed DU law graduates to enrol provisionally, pending the issue of DU law centres’ affiliation.

DU law schools case