BCI To ULC and UU On 25.09.23

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BAR COUNCIL OF INDIA


(Statutory Body Constituted under the Advocates Act, 1961)
21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi -110002
25.09.2019
BCI: D:00:2019 (LE/ Std. 14/15.09.2019)
1, The Registrar,
Utkal University,
Vani Vihar,
Bhubaneswar 751 004
Odisha
info.principalulc.com
2. The Principal,
University Law College,
Utkal University,
Vani Vihar,
Bhubaneswar -751 004
Odisha

Sub: Consideration of compliance report submitted by the Principal,


University Law College, Utkal University, Vani Vihar, Bhubaneshwar,
Odisha vide letter No.ULC.349/2019 dated 13.08.2019.

Sir,
The Standing Committee of the Legal Education Committee of the Bar Council
of India at its meeting held on 14th and 15th September, 2019 considered the
compliance report submitted by the Principal, University Law College, Utkal
University, Vaní Vihar, Bhubaneshwar, Odisha vide letter No.ULC.349/2019
dated 13.08.2019.

It is very unfortunate case where constituent unit of the University is running


with poor infrastructure, no proper faculty member running the course with
short timing with number of other shortcoming pointed for the first time in the
academic year 2012-2013. University was directed to rectify the same. The
matter came up for the consideration for the year 2017-2018, as earlier for
some reason or other, the Bar Council of India could not inspect. It revealed
that the shortcomings found in the year 2012-2013 has further deteriorate
instead of improving the same. It would not be relevant here once again to
repeat what has been recorded by Legal Education Committee in its resolution
dated 23.09.2017, which speaks for itself. It is also not in dispute that it is
running with guest faculty members when the constituent unit of the
University is funded by the Government of Odisha,

Show cause notice was issued to the University why not from the academic
session 2017-2018, the courses are closed down unless an affidavit is filed by
the University to rectify the same from session 2017-2018. The University
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Submitted its reply dated 04.09.2017, which the Legal Education Committee
Considered in 23.09.2018 in which it was recorded why not University Law
College of the Utkal University be closed down with such poor condítion
being
continuing since 2012-2013. The Committee considered the reply not
satisfactory, finally show cause notjce was given to the University again why
not from 2018-2019 courses for law teaching be closed down.
Again the
university filed its reply which was vague and not satisfactory except for stating
that now Government is thinking to improve the condition but the process
which is communicated is bound to take long time before effective faculty for
teaching for two law courses could start. Money sanction does not improve the
faculty of law courses unless requisite requirement is complied. Hence,
Committee is not satisfied with the reply. No further admission be mnade for two
law courses from academic session 201-2019 and the students already
admitted earlier may be permitted to complete the courses in accordance with
the statutory rules. Thereafter, now the University filed another reply through
letter dated 13.08.2019. The letters once again are only promises, speak only
for sanction of money and some construction being done. Even as per the
reply the guest faculty members are continuing and are. being paid
Honorarium. Even, construction is not complete and is to be verified by the Bar
Council of India, whether it is as per Bar Council of India Rules or not.

It is also surprising, as per reply that teaching of BA LL.B (Hons.) and three
year LL.B (H) courses is still going on. Earlier, Bar Council of India merely
approved regular courses of three year LLB and five year BA LL.B. As per
record of the Bar Council of India no approval has been granted for converting
the said two courses as Honours Courses.
However, in Para-5 of the said letter, it is recorded that three year law course
became Honour degree, converted and upgraded since 2014-2015 and five year
BA LL.B (Hons.) course started in the year 1997-1998 as per the affidavit. It is
also surprising the concept of Honours Degree came as. per Bar Council of
India is concerned after Legal Education Rule-2008 while it is stated they have
continued since 1997-1998. In any case after coming into force of the new rule
no approval has been obtained by the University. No University/Centre of Legal
Education can start any course even for Honours course without getting
approval of the Bar Council of India.

Committee again considered for granting any further approval to the said
University and makes it clear th¡t the University not toadmnit any student from
2018-2019, till the University rectifies and files affidavit on the facts and
circumstances as recorded above.

In case, it continues to admit even for th¹ year 2018-2019, then it is violating
not only the aforesaid BCI Order butalso violating thestatutory rule of the Bar
Council of India. In view of this, it is made clear any such student admitted
from the year 2018-2019 academic session could be in case passes the law
Aegree from the said University would not be entitled to be enrolled as an
Advocate by any of the State Bar Council concerned, and would be liable for
other consequential which is permissible under the Act.

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Committee not only is surprised, but, feels the audacity of the University with
such bad state of affairs totconvert three year, and five year law courses into
Honours degree without any approval of the Bar Council of India.

You are also requested to attach a copy of this letter with your
compliance report/reply.
Very Important Please henceforth ensure to send any compliance
affidavit/reply and affiliation orders separately to

complianceaffiliationle@gmail.com, apart from copying it to


dlebci@gmail.com. Please do not send any e-mail/s to
legaleducationdepartmentbci@gmail.com.
For any other query/ies you can send an e-mail to dlebci@gmail.com
This is for your information and necessary action.

(N. Senthil Kumar)


Asstt. Secretary Yours Sincerely,
Head of the Deptt.

(Srimanto Sen)
Secretary

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