The Patna High Court recently directed the Chancellors of all State Universities to file an affidavit explaining the actions taken thus far to simplify legal education in the state.
A division bench comprising of Acting Chief Justice CS Singh and Justice Madhuresh Prasad was hearing a Public Interest Litigation filed by Awadh Tiwari, concerning the lack of infrastructure in various law colleges in the state as well as lack of faculty.
The question of whether the University Grants Commission (minimum qualification for appointment of teachers and other academic staff in universities and colleges and other measures for the maintenance of standards in higher education) regulations, 2018, apply to institutions that provide professional legal education was raised before the bench during the previous hearing.
According to the counsel appearing on behalf of the Bar Council of India, an LLM degree is the minimum educational qualification for full-time faculty members, including the Principal of a Centre of Legal Education, under Rule 20 of the Rules of Legal Education 2008.
He also claimed that UGC-mandated qualifications such as NET and others are not essential for employment as a law teacher in a Centre of Legal Education.
Lawyers for the several universities in the state of Bihar underlined that many of the law schools under their jurisdiction had been de-affiliated due to a variety of infrastructure difficulties.
After giving the State a week to submit affidavits, the division bench issued the following order: “Let an affidavit be filed on behalf of the office of the Chancellor of the Universities of Bihar stating as to what steps have so far been taken to streamline legal education in the State of Bihar, particularly in light of the nature of materials available on record that show that the majority of law colleges lack the necessary infrastructure and qualified instructors.
The bench would also expect the office of the Chancellor of Universities of Bihar to take a clear statement on whether NET/Ph.D qualification in compliance with 2018 regulations is required for recruitment as instructors in affiliated colleges under various Universities of the State of Bihar.”
