Create adequate permanent posts in government law colleges: Kerala HC to state

While hearing a petition by four LLB students of three government law colleges in the state, Kerala high court Judge said that as per the laws of the Bar Council of India, the state government is duty-bound to take adequate steps to create posts and make permanent appointments to prevent students from suffering.

Four students pursuing LLB from three different government law colleges in Kerala moved to the high court seeking 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. While hearing the case, the court said that the state must create adequate permanent posts to prevent students from suffering.

Judge Shaji P Chaly has directed the state to take appropriate decisions within four months on creating permanent posts and appointments of faculty members in government law colleges within Kerala from the year 2023-24, as reported by Bar and Bench.

The court observed that as per the laws of the Bar Council of India, the state government and the respective universities are duty-bound to take adequate steps immediately 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..," said the court.

"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," added Kerala high court.

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