IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17426 of 2009 1. NALANDA LAW COLLEGE,NALANDA BIHARSHARIF THROUGH ITS PROFESSOR IN CHARGE NAMELY AJOY KUMAR VERMA, SON OF LATE DEO DHARI PRASAD VERMA, R/O MOH- DHANESHWAR GHAT, P.S- LAHERI, DISTT- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT (HIGHER EDUCATION), GOVT. OF BIHAR, NEW SECRETARIATE, PATNA 2. MAGADH UNIVERSITY, BODH GAYA 3. THE VICE CHANCELLOR , MAGADH UNIVERSITY, BODH GAYA 4. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA 5. THE DEAN LAW FACLTY, MAGADH UNIVERSITY, BODH GAYA 6. THE EXAMINATION CONTROLLER, MAGADH UNIVERSITY, BODH GAYA ----------- 8. 5.4.2010 I.A. No. 2735 of 2010 has been filed inter alia impleading respondent no. 5 by name. Heard learned counsel for the petitioner, for the State of Bihar, for the respondent University, for respondent no. 5 and the Bar council of India. The writ application was originally filed for a direction to the Magadh University to accept the fees and forms of the students of the Nalanda Law College, Biharsharif for Part-I of the three years LLB course scheduled to commence from 16.12.2009. The writ application raises larger questions with regard to dissemination and standards of legal education in the State of Bihar which shall naturally and ultimately has to be co-related to the standards of dispensation of justice by the Court as it is expected that at least a 2 reasonable number of persons who in fact, complete the course from the College in question may ultimately join the Bar. This Court therefore considers it proper to deal and discuss issues appropriately for consideration by the concerned. The Nalanda law college is stated to have been established on 18.6.2004. On 14.12.2004 affiliation was granted by the Magadh University Sessions wise and not permanently. The State of Bihar granted permission on 26.5.2006 for two sessions i.e., 2005-06 and 2006-07. On 16.6.2006 the Bar council for India granted temporary approval for the Sessions 2005-06 to 2006-07. This was extended by the Bar council of India for the Sessions 2007-08 to 2008-09 and has now been extended up to the Sessions 2010-11 to 2011-12. The Magadh University has asked for deposit of fees for purposes of affiliation for the Sessions 2007-08 and 2008-09. One of the grievances is notwithstanding the approval granted by the Bar council till the Session 2010-11. The Magadh Univeristy was withholding affiliation. The developments in the matter reflect an extremely sorry state of affairs. An institution to impart knowledge in the filed of law is alleged to have been established. The State authorities, the University and the Bar council of India which have not only statutory duties 3 but also constitutional obligation to ensure that quality legal education is imparted appear to be completely failing in their duties. This Court would not like to dwell upon the manner in which the temporary affiliation and permissions are being granted and which speaks volume about the conduct of the authorities. This Court refrains intentionally from making any further observations on the nature of these temporary permissions which obviously must have been granted for a quid pro quo. The startling revelation is that the institution has no building and yet it has been granted sessions wise permission and it has taken admission. The conduct of the State authorities, the University and the Bar council of India shocks the conscience of the Court. An institution without a building cannot impart proper legal education as it does not have the basic infrastructure. This Court considers it necessary to only quote the following extract from the letter of the Bar council of India and their letters dated 16.6.2006 and 4.7.2008 reads as follows:- “ Legal Education Committee considered the verification report submitted by Shri S.N.P. Sinha, Member, Bar Council of India in respect of Nalanda Law College, Bihar Shariff which shows that all the conditions mentioned in the inspection report have been complied by the college authorities except construction of the building. In view of this Committee is of the opinion that Nalanda Law College, Bihar Shariff be granted temporary 4 approval of affiliation for imparting three year law course with intake of two sections of 80 students in each section from the academic session 2005-2006 to 2006-2007 since session is late with condition that college authorities should complete the construction of the building within a year and file an affidavit to this effect immediately.” “1. College authorities be directed to purchase more books worth Rs. 50,000/- at least every year. 2. Management of the college be directed to construct its own building within the extended period as stated in the affidavit.” A college which does not have its own building cannot have a proper library, computer, research material etc. In any event, there is no such material in the present application placed either on record, either on behalf of the petitioner, the State of Bihar, the Magadh University or the Bar council of India that despite not having a building the institution is fully equipped with all books and modern technology for imparting quality legal education. The relief originally sought is acknowledged now to have become infructuous. Moulding the submission, learned counsel for the petitioner submits that an application for inspection by the University for grant of affiliation is pending. An objection has been filed by the petitioner with regard to one of the members of the inspection team. If an objection has been filed with regard to the Constitution of the inspection team that is a matter to be 5 more appropriately considered by the authorities under the provision of the statute itself so that the inspection be fair and reasonable without bias. The writ application in its present warrants no relief. It is disposed off with the observation that let the State of Bihar consider the issue for grant of permission for establishment of the college in accordance with the present discussions whereafter the Bar council of India and the Magadh University are required to perform their statutory obligation on the issue of permissions/affiliations. Let the same be done in the manner as discussed aforesaid within a maximum period of six months from the date of receipt/presentation of a copy of this order before the State authority whereafter depending of the orders that may be passed by them. This Court expects the other respondents to perform their statutory obligation within a maximum period of another six months from that date. The writ application stands disposed. P. Kumar (Navin Sinha, J.)