HC gives Bar Council a day to decide on DU representation

University has sought an increase in number of seats in LLB course; Council asked to submit reply by today evening

The Delhi High Court on Monday asked the Bar Council of India (BCI) to consider Delhi University’s representation for increasing seats in its LLB course. The Bar Council has been asked to take a decision by Tuesday evening.

Issuing directions, a Bench of Justices Sunil Gaur and C. Hari Shankar asked the lawyers’ body why it had settled on 1,440 seats for DU law faculty instead of 2,000.

“Why 1,440 and why not 2,000? More students can have education. Why should it be curtailed,” the Bench asked the Council.

It also termed as “unfair” DU’s decision to seek reconsideration of BCI’s order capping the number of seats at 1,440 after its representation was rejected by the lawyers’ body last year, a decision accepted by the university.

Improved infrastructure

DU had sought permission to increase its seats for the law course saying it had improved its infrastructure and increased the strength of its teaching faculty. The Bench observed that BCI had not capped the seats due to lack of infrastructure and therefore its improvement wouldn’t entitle DU to seek increase in seats offered for the course.

It, however, allowed DU to advertise for only 1,440 seats for its law course, like last year, and said it would be subject to the final outcome of a plea seeking increase of seats to 2,310. The order came during a hearing of a petition by lawyer Joginder Kumar Sukhija, who claimed that many students, especially graduates, would be affected if the seats were reduced. The petition added that by reducing the number of seats, public money, which is used to provide a grant to DU, was not being put to optimal use.

The PIL sought a direction to strike down Slause 5 A of Schedule-III of Rules of Legal Education, 2008, enacted by BCI, claiming it was arbitrary, capricious and violative of fundamental rights.

Exception made

Under Rule 5 A, a law college can admit only 300 students each year. Since DU has three law centres, it can only have 900 students. However, BCI, as an exception, has allowed it to admit an additional 180 seats per centre for reserved categories, the lawyers’ body told the court.