Mushrooming Of Law Colleges- Need To Ensure That Quality Isn’t Compromised In The Guise Of Creating Opportunities : Madras High Court

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Mushrooming Of Law Colleges- Need To Ensure That Quality Isn’t Compromised In The Guise Of Creating Opportunities : Madras High Court

Sparsh Upadhyay27 March 2021 5:09 PM
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Need To Ensure That Quality Isn’t Compromised In The Guise Of Opportunities Being Created: Madras High Court
Dealing with a plea seeking framing of rules to reduce the upcoming new private law colleges, the Madras High Court on Tuesday (23rd March) observed that it is to be seen that the quality is not compromised in course of more law colleges being born and in the guise of opportunities being created.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy also observed that the standard of education imparted at some of the existing law colleges and the infrastructure available need to be looked into.

Also Read – Let Employees Cast Their Vote On Election Day, Even If It Causes Inconvenience To Employers: Madras High Court
Appearing before the Court, the State Bar Council submitted that was vigilant and sufficient steps have been taken by it.

However, it further stated that unless there is uniformity all over the country, whether under the aegis of the Bar Council of India or pursuant to orders of the Court, the situation cannot be appropriately addressed.

To this, the Court remarked,

“There is a substance in what the Bar Council says since the regulation of law colleges in one State is undone if unregulated law colleges in a contiguous State allow easy access.
Also Read – Person Claiming To Be An Operational Creditor Should Demonstrate Their Claim Can Be Treated As Operational Debt Under The IBC: NCLT
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Significantly, the Court further said,

“The matter has to be looked into, in-depth, by the Bar Council and possible orders have to be sought at an all-India level to ensure that the quality is not compromised in course of more law colleges being born and in the guise of opportunities being created.”
However, the Court further observed that no mandamus could be issued of the nature sought by the petitioner.

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Further, the Court added,

“Since it may not be effective merely to regulate the opening of law colleges within the boundaries of this State as easy access to law colleges across the neighbouring States will always be open, no meaningful order is possible to be issued at this level.”
However, the Court clarified that nothing in the order would prevent the Bar Council from considering the petitioner’s representation and affording the petitioner a hearing on the matter within the next four weeks.

In related news, the Punjab and Haryana High Court in December 2020 had set aside the three-year moratorium imposed by the Bar Council of India (BCI) on the opening of new law colleges as ultra vires the Indian Constitution.

A Single Bench of Justice Rekha Mittal, in a verdict rendered on 4th December 2020, held that the BCI cannot impose a complete ban on the opening of new law colleges, under the pretext of regulating Legal Education.

“No doubt, the BCI can issue guidelines/circulars etc. and press for compliance thereof as well as 2008 Rules either at the grant of approval to a New College or adherence thereof by the Colleges/Institutes for Legal Education already existing throughout the country but under that pretext it cannot impose a complete ban on the opening of New Institutes for imparting Legal Education,” the order states.

Case title – M.D.Ashok v. The Chief Secretary, Tamil Nadu State Government and ors. [W.P.No.1858 of 2021]

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TAGSCHIEF JUSTICE SANJIB BANERJEE JUSTICE SENTHILKUMAR RAMAMOORTHY BAR COUNCIL OF TAMIL NADU BAR COUNCIL OF INDIA MUSHROOMING OF LAW COLLEGES QUALITY OF LAW COLLEGES MADRAS HIGH COURT ESTABLISHMENT OF LAW COLLEGES
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Let Employees Cast Their Vote On Election Day, Even If It Causes Inconvenience To Employers: Madras High Court

Sparsh Upadhyay27 March 2021 7:57 PM
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Let Employees Cast Their Vote On Election Day, Even If It Entails A Degree Of Inconvenience:
At least on the date of the election, every citizen should make it possible for every other citizen to participate in the celebration of democracy: Madras High court
In a significant observation, the Madras High Court on Thursday (25th March) said that at least on the date of the election, every citizen should make it possible for every other citizen to participate in the celebration of democracy.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made an ardent appeal to all the employers to make it possible for their employees to cast their vote on election day, even if it entails a degree of inconvenience to the employers.

Noting that under the Constitutional scheme, every citizen has equal rights, the Court directed both the State Government and the Election Commission

“To publish appropriate notifications to make the employees aware of their rights so that the employees may assert themselves and take appropriate steps to exercise their franchise.”
Significantly, Election Commission has also been given the liberty to indicate that subsequent complaints may be entertained and if found credible, the complaints may result in criminal proceedings being instituted.

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The matter before the Court

The Court was hearing public interest litigation filed to ensure that person engaged primarily in the unorganized sector and in private employment are afforded a chance to participate in the exercise of voting at the ensuing State elections.

The petitioner pointed out that even though Section 135B of the Representation of the People Act, 1951 [Grant of paid holiday to employees on the day of poll], mandated that election day would be a paid holiday for employees engaged in any business, trade, industrial undertaking or any other establishment and who are entitled to vote, as a matter of fact, employers do not allow the concerned employees to take a day off and there is little done in the enforcement of the provision.

In response to this, the Election Commission said that the fine is so insignificant (rupees 500) that the provision does not work effectively as a deterrent.

Further, it was also submitted that the exception carved out in sub-Section (4) to Section 135B of the Representation of the People Act, 1951 gives a handle to employers to use the same as an excuse.

Notably, sub-section 4 states that the section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

Case title- M. Ahamed Shahjahan @ M.A.Shahjahan v. Chief Electoral Officer (CEO) and Principal Secretary to the Government State of Tamil Nadu Public (Elections) [W.P.No.7720 of 2021]

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TAGSVOTING RIGHTS EMPLOYEES RIGHT TO VOTE MADRAS HIGH COURT CHIEF JUSTICE SANJIB BANERJEE JUSTICE SENTHILKUMAR RAMAMOORTHY DEMOCRACY ELECTIONS POLLS 2021 TAMIL NADU ELECTIONS RIGHT TO VOTE
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