[Mushrooming of law colleges] Standard of education, infrastructure in some existing colleges need to be looked into: Madras High Court

While measures have been taken to ensure that new law colleges do not come up every other day, there are lingering concerns over the standard of education and the infrastructure available in some existing law colleges, the Madras High Court recently observed (MD Ashok v. The Chief Secretary to Government, Law Department, Tamil Nadu and ors). .The observations were made by the Court while dealing with a petition raising concerns over mushrooming of law colleges in Tamil Nadu.. "Thankfully, some attention has been given to ensure that law colleges do not come up every other day in every locality, but the standard of education imparted at some of the existing law colleges and the infrastructure available need also to be looked into... 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," the Court said. .The State Bar Council assured the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy that it is vigilant and that sufficient steps have been taken. .However, the Bar Council pointed out that the issue has to be addressed on a pan-India level, whether it is under the aegis of the Bar Council of India (BCI) or the Court's orders. Without this, the issue cannot be appropriately addressed, the Court was told. .The Court too acknowledged this argument. "There is 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. There are previous orders of this Court pertaining to the matter and only thing that can be said is for the Bar Council to be vigilant as far as this State is concerned, since it cannot go beyond the territorial limits," it said. .The Judge also took note of the 2019 moratorium imposed by the BCI on opening new law colleges, which was relied on by the petitioner. All the same, the Court pointed out that it cannot issue any mandamus in the matter as sought by the petitioner."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," the Bench added. .The Court, therefore, disposed of the plea while observing that it would be open to the petitioner to continue the crusade, albeit by moving his request to a different level. The Bar Council may also consider the petitioner's representation in the next four weeks, the Court added. .Advocate M Madhuprakash appeared for the petitioner. State Government Pleader V Jayaprakash Narayanan appeared for the Tamil Nadu authorities whereas Advocate SR Raghunathan appeared for the Bar Council of India. .[Read Order]