IN THE HIGH COURT OF JUDICICATURE AT PATNA. CIVIL WRIT JURISDICTION CASE No. 8846 OF 1993 The Society Of Citizens For Protection of Public Rights and Interest, Bihar, Patna through its Secretary Sachidanand Singh -------------------------------(Appellant/petitioner.) Versus 1. Bhagalpur University through its Registrar, Bhagalpur. 2. Baba Saheb Bhim Rao Ambedkar University, Muzaffarpur through its Registrar, Muzaffarpur. 3. Ranchi University through its Registrar, Ranchi. 4. Magadh University, through its Registrar, Bodh Gaya, 5. Lalit Narayan Mithila University, through its Registrar, Darbhanga. 6. Jai Prakash University through its Registrar,Chhapra. 7. Sidho Kanhu University, Dumka through its Registrar,Dumka. 8. Binoba Bhawe University through its Registrar, Hazaribagh. 9. Bir Kunwar Singh University through its Registrar,Arrah. 10.Bharti Mandal University through its Registrar,Saharsa. 11.The Bar Council of India through its Secretary,1 Govind Das Road, New Delhi-110001. 12.The Bihar State Bar Council through its Secretary, Patna-1. 13.Patna University Patna through its Registrar, Patna. ---------------------------------(Respondents) For The Petitioner : Mr. Rajendra Prasad Singh,----Sr. Advocate. Mr. Ramesh Kumar Singh, ------- Advocate. Mr. Onkar Kumar, ----------------- Advocate. Mr. Navjot Yeshu, ---------------- Advocate. For The Respondents : Mr. Rajendra Narain, -------------- Advocate. Mr. B.K.JHA, ----------------------- Advocate. Mrs. Anju Narain, -------------------Advocate. Mr. Sanjay Kumar Srivastav, ----- Advocate. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE C.M.PRASAD ------------ Shiva Kirti Singh &C.M. Prasad, JJ. Heard the parties. 2. The petitioner is a society and as the name 2 suggests it is supposed to exist for protection of public rights and interests. From the prayers made in the writ petition it is manifestly clear that the petitioner wants this Court to interfere with the policies and actions of the Bar Council of India, respondent No. 11 as well as Bihar State Bar Council, Respondent No. 12 with the professed aim of improving the condition of law colleges imparting education in law for award of LLB degrees. 3. Mr. Rajendra Prasad Singh, Sr. Advocate appearing for the petitioner has confined his submissions in the form of few suggestions. Since Mr. Singh himself was Chairman of Bihar State Bar Council till recent time, we have heard him with due deference Mr. Singh suggests that in view of his experience that law colleges, particularly affiliated colleges, are indulging in back dated admission of students to enable them to take law examination without undergoing any teaching in these colleges which are generally not imparting any teaching, a system of Common Admission Test be devised by the Bar Council of India with the help of all concerned including universities and law colleges. According to him on the lines 3 of orders passed by the Hon’ble Supreme Court in respect of admission to Medical Colleges, a Common Admission Test will ensure that only those students can get admission in law who will take such admission test and show their ability and proficiency. He has suggested that the successful students may be allotted to different colleges on the principle of merit cum choice. 4. His next suggestion is that the system of inspection for granting affiliation to law colleges is not working satisfactorily and he has come across several law colleges in the State of Bihar with affiliation only for a fixed term which is being extended from time to time, although these colleges had no infrastructure and were not imparting any teaching in law. These colleges are said to be acting as agents to forward the forms and fees of so called students enabling them to take examination in law, without undergoing any teaching or training. He has suggested that inspections should be entrusted to a body of experts created by the Bar Council of India in consultation with different State Bar Councils and a healthier practice would be to grant only permanent affiliation when all the 4 required infrastructure is shown to be completed. There should be provision for subsequent Special inspection so that if on further special inspection it is found that affiliation was obtained by fraud etc. then such affiliation may be cancelled. 5. Having heard the parties and on considering the scope and ambit of this public interest litigation, we are of the view that the aforesaid suggestions require due consideration and deliberation by the Bar Council of India itself. If it finds substance and merit in the submissions, it may take appropriate policy decision in accordance with law with a view to introducing the system of Common Admission Test and for discontinuing the system of granting fixed term affiliation or temporary affiliation. While disposing of this writ petition, we direct that the aforesaid issue be deliberated, discussed and decided by the Bar Council of India as per their convenience but preferably within six months from the date of production/communication of a copy of this order. 6. Let a copy of this order be given to Mr. Rajendra Narayan, learned counsel for Bar Council of India 5 as well as Bihar State Bar Council for communication and compliance. Patna High Court, 5th March, 2010, A.F.R/Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)