Create adequate permanent posts of faculty members in Government Law Colleges: Kerala High Court to State

The Kerala High Court recently directed the State government to take appropriate decisions by four months on creating permanent posts and appointments of faculty members in government law colleges within Kerala from the year 2023-24 [Arun P Wilson and Ors. v State of Kerala and Ors.]..Single-Judge Shaji P Chaly clarified that as per Bar Council of India laws, the State government and the respective universities are duty bound to take adequate steps immediately so as to create posts and make permanent appointments, or else the students will suffer.“Accordingly, there will be a direction to the State government to take appropriate decision to satisfy the requirements of faculty strength prescribed by the Bar Council of India under the Rules, 2008 and the Act, 1961, at the earliest, at any rate within four months from the date of receipt of a copy of this judgment; and also to take immediate steps thereafter to create posts and make permanent appointments so as to satisfy the requirements of the faculty strength for the academic year 2023- 2024 onwards.. Since the mandate of the Bar Council of India is liable to be implemented by the State Government and the respective Universities, the State Government is duty bound to take adequate steps immediately so as to create posts and make permanent appointments in the Government Law Colleges within the State, failing which the students are likely to suffer, especially taking into account Exhibit P3 letter issued by the Bar Council of India expressing," the Court directed. .The Court was considering a case filed by four students pursuing LLB from three different government law colleges in KeralaThe moved the Court seeking a direction to the concerned authorities including the Bar Council of India (BCI) to disallow LLB courses in those Government Law Colleges unless they employ sufficient permanent faculties as per the Bar Council of India Rules of Legal Education, 2008 and its guidelines/resolution.They, therefore, sought a direction from the authorities to immediately fill up the vacancies of permanent faculties in government law colleges in the State of Kerala to comply with the said Rules.The petitioners contended that for the three-year LLB course with two sections without the honours program, there has to be a minimum of 4 core faculty in the first year, six in the second and eight in the third year, in addition to the principal/head or dean, as the case may be.The petitioners further contended that in case of shortage of faculty members, the Bar Council of India has power to stop admission of the students and the university must also see that affiliation should only to be granted by it, when the faculty members conform to the Rules.The essence of the petitioner’s argument was that as per the Rules, the university has to ensure that the core faculty members for each course should be in the ratio of at least be 1:40, so that the students do not suffer because of shortage of faculty members.They submitted that the University Grants Commission lays down the general rule, but cannot supersede the specific statutory rule laid down by the Bar Council of India under the Advocates Act.The counter affidavit filed by the respondents submitted that even though a consolidated proposal from the government law colleges was forwarded to the government's Finance Department, it did not grant approval to create posts and make permanent appointment.After going through the facts, the Court noted that the State government has not taken adequate steps to satisfy the requirements of the Act of 1961 and the Rules of 2008 with respect to the appointment of required faculty and the Finance Minister is yet to take a final decision.Therefore, the Court directed the State to take appropriate decisions by four months on creating permanent posts and appointments of faculty members in government law colleges within Kerala, at least from the year 2023-24..The petitioners were represented by advocates Santosh Mathew, Jennis Stephen, Venna Raveendran, Karthika Maria, Anil Sebastian Pulickel, Abi Benny Areeckal, Leah Rachel Ninan and Mathew Nevin Thomas.The respondents was represented by advocate PC Sasidharan..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.