IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:
14. 08.2013 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.No.19528 of 2013 I.SURIYA .. PETITIONER Vs 1 THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF PUDUCHERRY SECRETARIAT, PUDUCHERRY - 605 001 2 THE LAW SECRETARY GOVERNMENT OF PUDUCHERRY SECRETARIAT, PUDUCHERRY - 605 001 3 THE SECRETARY TO GOVERNMENT SCHOOL AND COLLEGIATE EDUCATION GOVERNMENT OF PUDUCHERRY SECRETARIAT, PUDUCHERRY - 605 001 4 THE PRINCIPAL DR.AMDEDKAR GOVERNMENT LAW COLLEGE PUDUCHERRY (R4-SUOMOTU IMPL AS PER ORD.DT. 18/7/13 IN WP19528/2013) 5 THE REGISTRAR THE PONDICHERRY UNIVERSITY PONDICHERRY. (R5-SUOMOTU IMPL AS PER ORD.DT.26/7/13 IN WP195282013) 6 THE BAR COUNCIL OF INDIA ROSE AVENUE NEW DELHI . (R6-SUOMOTU IMPL AS PER ORD.DT.30/7/13 IN WP19528/2013) 7 THE UNDER SECRETARY TO GOVERNMENT GOVERNMENT OF PUDUCHERRY DEPARTMENT OF PERSONAL & ADMINISTRATIVE REFORMS, SECRETARIAT, PUDUCHERRY-605 001. (R6-SUOMOTU IMPL AS PER ORD.DT.06/8/13 IN M.P.NO.1/2013) .. RESPONDENTS Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus directing the respondents to call for the records relating to the impugned G.O.Ms.No.10 dated 21.9.2000 passed by the 7th respondent and quash the same as highly arbitrary and without any jurisdiction and consequently direct the 1st respondent to transfer the 4th respondent College namely, Dr.Ambedkar Government Law College, Puducherry from the second respondents financial and administrative control to 3rd respondents financial and administrative control. (Prayer amended as per order dated 6.8.2013 in M.P.No.2 of 2013 in W.P.No.19258 f 2013) For petitioner : Mr. Prakash Adiapadam For Respondents : Mr.T. Murugesan 1 to 4 & 7. Senior Government Pleader Pondicherry. For R.5 : Mr. A.V. Bharathy For R.6 : Mr. S.R.Rajagopal ----------
ORDERThis writ petition reveals the present pitiable condition of a prestigious law institution at Pondicherry named after Dr.Baba Saheb Ambedkar and instrumental in producing several legal luminaries and administered earlier by renowned academician Dr.N.R. Madhava Menon, Architect of National Law Schools, across the Country. Background facts:
2. The petitioner is a student of Government Law College at Pondicherry. The lack of interest shown by the Law Department, Pondicherry to provide institutional and infrastructural facilities to the Law College and the tough stand taken by the Pondicherry University that affiliation would be granted only after rectifying the deficiencies, made the petitioner to file this writ petition with a plea to quash the order transferring the administrative control of Law College from Education Department to Law Department in violation of the Business Rules of Government of Pondicherry.
3. The petitioner originally filed a writ petition to consider his representation submitted for the purpose of transferring the Law College from the administrative control of Law Department to the Education Department.
4. Dr.Ambedkar Government Law College, Pondicherry was originally under the Administrative Control of Education Department. It was later transferred to the Law Department. Since there was no development to the College under Law Department, the petitioner submitted a representation requesting the Government to restore status quo ante and take all possible measures to make the institution as a pioneer law school.
5. During the currency of the writ petition, the learned Senior Government Pleader, Pondicherry produced the file which contained the Government Order in G.O.Ms.No.10, Department of Personnel and Administrative Reforms (Personal Wing) dated 27 January 2000 whereby and whereunder the Law College was brought under the administrative control of Law Department. The petitioner thereafter filed an application to amend the prayer by quashing the Government Order in G.O.Ms.No.10 dated 27 January 2000. The counsels were heard at length with respect to the amended prayer and the amendment was accordingly allowed. 6 Dr. Amebdkar Government Law College functioned very well under the Education Department. The records produced by the Government Pleader shows that the Students Representative Council, for the reasons best known to the Council, passed a resolution on 24 March 1999 requesting the Government to bring the Law College under the administrative control of Law Department by divesting the Education Department of its control. Since the request has come up from the Students' Union, the Government without considering the Rules of Business and the legal implications passed an order in G.O.Ms.No.10, Department of Personnel and Administrative Reforms (Personal Wing), dated 27 January 2000 by transferring the administrative control of the College from Education Department to the Law Department. The petitioner now wanted restoration of the earlier position by setting aside the Government Order. Submissions:
7. The learned counsel for the petitioner contended that the impugned Government Order was issued under Rule 3 of the Business of the Government of Pondicherry (Allocation) Rules, 1963. According to the learned counsel Rule 3 cannot be invoked in this manner to entrust the administrative control to the Law Department without amending the relevant entries under the Rules of Business. The learned counsel contended that the Law Department considered the Law College as a subordinate office and failed to take any action either to recruit teachers or to develop it as a premier law institution. The learned counsel by comparing the progress made by the law college under the administrative control of Education Department and the present position under the Law Department contended that the College was functioning very well till it was taken over by the Law Department. In short, the learned counsel contended that the College suffered a set back after entrusting the administrative control with the Law Department. The learned Counsel further contended that Secretary to Government, Law Department was not selected by Union Public Service Commission though he applied for appointment to the post of Law Secretary. However he managed to cancel the select list published by UPSC selecting a qualified person to function as Secretary, Law Department, Pondicherry and used his clout in the Government to promote him as Law Secretary. Even though he was not qualified to function as Law Secretary of the State, still he functioned as the Principal of Government Law College. By citing this incident, the learned counsel contended that the College is now functioning with part time teachers, who are not qualified in terms of UGC Regulations and norms prescribed by UPSC. The learned counsel therefore wanted this Court to quash the impugned order and to restore status quo ante and a consequential direction to the Education Department, Government of Pondicherry to recruit law teachers through UPSC and to take all possible measures to develop this institution as a prestigious law college in India.
8. The learned Senior Government Pleader (Pondicherry) confirmed the legal position that under the Rules of Business of the Government of Pondicherry, the Law College should come under the Education Department. According to the learned Senior Government Pleader College earlier functioned under the administrative control of Director of Legal Studies. Dr. David Annouswamy, former Judge of this Court functioned as Director of Legal Studies. The learned Senior Government Pleader submitted that the function of the Law College is only to initiate legislation and to advise the Government. The Rules of Business does not contain any provision authorising the Law Department to establish and maintain Law Colleges.
9. The learned counsel for Pondicherry University submitted that the University has been giving provisional affiliation to Dr.Ambedkar Law College every year subject to certain conditions and with a clear understanding that all the deficiencies should be rectified before the next academic year. However, the administrative department never cared to rectify the deficiencies and the same resulted in sending several show cause notices by the University. The learned counsel submitted that the University is now seized of the matter.
10. The learned Standing Counsel for Bar Council of India submitted that the Bar Council was pleased to pass an order of extension of approval for three years and five year LLB Course for the academic years 2013-2014 and 2014-2015 subject to the condition that the College should fill up all vacancies by resorting to regular selection in accordance with rules. The Issue:
11. The core question that arises for consideration is whether the Government was legally correct in issuing the impugned order in G.O.Ms.No.10 dated 27 January 2000 bringing Dr.Ambedkar Government Law College, Pondicherry under the administrative control of Law Department. Discussion:
12. The President of India in exercise of powers conferred under Article 239 of the Constitution of India and Section 46 of the Government of Union Territory Act, 1963 promulgated the Rules of Business of Government of Pondicherry, 1963. The Rules of Business contain detailed provisions with regard to the functioning of Government and the respective departments. We are now concerned with the functioning of the department of Education and Law as indicated in the Rules of Business.
13. The following are the functions of Law Department. 1.Drafting and Scrutiny of Bills and Statutory Rules, Notifications, Orders and Bye-law. 2.Administration of justice including courts. 3.Appeals against acquittals and applications for enhancements of sentences. 4.Advice on all legal matters. 5.Supervision of Government Litigation, including appointment and remuneration of Government Pleaders, Public Prosecutors, special counsels, etc., 6.Legacies and inter-state properties. 7.Ex-French Laws and Rules and their interpretation. 8.Elections 9.Legal Practitioner and Bar Councils. 10.Civil Law Procedures 11.Official receivers. 12.Notary Public 13.Judicial Reforms 14.Legal Aid to weaker sections 15.Scrutiny of Agreement 16.Writing off any decretal dues 17.Arbitrators 18.Translation of State Acts and Rules, Regulations etc. into Tamil and other languages. 19.Recruitment /posting /promotion and transfer of all posts exclusive to this Department. ".
14. The Education Department is the designated department with regard to Collegiate Education/University Education, Technical Education and Continuing Education. The following are the functions of Education Department.
1. Pre-Primary Education 2. Primary Education 3. Middle and Secondary Education 4. Higher Secondary Education 5. Collegiate Education/ University Education 6. Technical Education 7. Continuing Education 8. Adult Education 9. Physical Education 10. Audio- Visual Education 11. N.C.C.
12. Bal Bhavans 13. Sports 14. Youth Services 15. Art and Culture - (a) Libraries (b) Museums (c) Archives (d) Academies (e) Grant-in-aid for Voluntary Cultural Organisation (f) Protection of Ancient and Historical Monuments.
16. Recruitment / posting/ promotion and transfer of all posts exclusive to this Department.".
15. The impugned order in G.O.Ms.No.10 dated 27 January 2000 shows that by exercising the power under Rule 3 of the Business of the Government of Pondicherry (Allocation ) Rules, 1963, the Lieutenant Governor passed the order transferring the administrative control of Government Law College from Education Department to the Department of Law.
16. Rule 3 of the Business Rules provides that the business of the Government shall be transacted in accordance with the Rules of Business of the Government of Pondicherry, 1963. The said provision does not give any independent right to the administrator to take away the administrative control of an institution from the Education Department and entrust the same with the Law Department. The provision quoted by the Government for transferring the administrative power appears to be a wrong provision.
17. Since the Rules of Business of the Government of Pondicherry, 1963 was made by the President by exercising the powers conferred on him under Article 239 of the Constitution of India and Section 46 of the Government of Union Territories Act, 1963 any change in the Rules would require an amendment. Admittedly there was no such amendment made before transferring the administrative power to the Law Department. 18.The Rules of Business with respect to the Law Department indicates the nature of work to be undertaken by the said Department. Similar is the provision with respect to the work to be undertaken by the Education Department. The President of India have not amended the Rules of Business of Government of Pondicherry, 1963 by entrusting Legal Education with the Law Department. Unless and until there is an amendment to the provisions of the Rules of Business, there is no question of Law Department taking over the administrative control of Law College. The Education Department is the authority to administer Pre-Primary and Primary Education Middle and Secondary Education, Higher Secondary Education, Collegiate Education, Technical Education, Continuing Education, Adult Education, Physical Education, Audio Visual Education besides University Education. Neither Business Rules regarding Education Department nor Law Department had undergone changes so as to divest the Education Department of its administrative control of Law College and to entrust it with the Law Department. Therefore, it is very clear that the impugned Government Order in G.O.Ms.No.10 dated 27 January 2000 has no legal standing. Scope of Rules of Business:
19. The nature, scope and ambit of the Rules of Business of the Government, came up for consideration before the Supreme Court in M.R.F. v. Manohar Parrikar {(2010) 4 Scale 577}. The Supreme Court by scanning the earlier decisions on the point observed that the Rules are not directory but mandatory in nature. The Supreme Court observed: ".63. ...... the Business Rules framed under the Provisions of Article 166(3) of the Constitution are mandatory and must be strictly adhered. Any decision by the Government in breach of these Rules will be a nullity in the eyes of law. ".
20. The Supreme Court in State of Sikkim vs. Dorjee Tshering Bhuttia [(1991) 4 SCC243 observed that the Government business is conducted in accordance with the Rules of Business made by the Governor and each Ministry can, therefore, issue orders or notifications in respect of the functions which have been allocated to it under the Rules of Business.
21. Dr. Ambedkar Government Law College has been functioning in an effective manner under the administrative control of Education Department. The Students' Council was not in favour of the Education Department administering the Law College. The Students Council appears to have been under the impression that the Law College should be administered only by the Law Department and it would flourish under the said department. It was only under the said mistaken notion, that they have moved the Government to bring the College under the administrative control of Law Department. Time has proved that the said decision was neither legal nor made in the interest of Law College.
22. Since the Government Order in G.O.Ms.NO.10 dated 27 January 2000 was issued in violation of the Rules of Business of the Government of Podicherry made by the President of India under Article 239 of the Constitution of India and Section 46 of the Government of Union Territory Act, 1963, necessarily the said Government Order is liable to be quashed. Accordingly the impugned Government Order is quashed. The status quo ante is restored. The Education Department is directed to take over the administrative control of Dr.Ambedkar Government Law College. The Government Law College would function under the administrative control of Education Department henceforth without effecting the decisions taken pursuant to the Government Order in G.O.Ms.No.10 dated 27 January 2000. The issue regarding affiliation:
23. The next question relates to the future of the Law College in the light of the deficiencies pointed out by the Pondicherry University and Bar Council of India and the steps to be taken for rectifying the deficiencies so as to enable the University to grant permanent affiliation and the Bar Council of India to grant extension of approval.
24. The file produced by the Pondicherry University contained sufficient materials to arrive at a reasonable conclusion that the Law Department of Government of Pondicherry remained insensitive to the issues raised by the University and the defects pointed out by various inspection committees deputed by the University and the Bar Council of India.
25. The Pondicherry University has been giving provisional affiliation subject to certain conditions. Similarly Bar Council of India has been giving extension of approval with a warning that further extension would not be granted unless deficiencies are rectified. The file produced by the University shows that right from the academic year 2008-2009, the University has been granting provisional affiliation to Dr.Ambedkar Government Law College subject to the condition that the deficiencies should be rectified by the Law College before applying for affiliation for the next academic year. The Law Department and the College made it a point to give an undertaking in a routine manner agreeing to comply with all the deficiencies before the next academic year. Though the undertaking was given by a sworn affidavit it remained on file. Neither the Law Department nor the law College made any serious efforts to rectify the deficiencies.
26. The Law College has been functioning without a Principal right from the year 2004. The administrative Department failed to take any efforts to appoint a full time Principal. It is also evident from the file that at one point of time the Secretary to Government, Law Department functioned as the Principal of the College, notwithstanding the fact that the Law Secretary does not possess the qualification prescribed by UGC to function as Principal of Law College.
27. The College was given conditional affiliation for the academic years 2008-09, 2009-10, 2010-11, 2011-12 and 2012-13 each time with an indication that the deficiencies should be rectified by the next academic year. Even though the administrative department has not taken any efforts to rectify the defects, the University was magnanimous to grant extension of affiliation again subject to conditions and with a clear understanding that the deficiencies should be rectified well before the next academic year. The University appears to be of the view that the Government Law College having a magnificent building and with large area for further development would rectify the deficiencies shortly and would qualify for permanent affiliation. This noble gesture was taken as a weakness by the Government of Pondicherry and more particularly the Law Department and the same resulted in the failure to take remedial measures. Affiliation for the year 2013-2014 28. Since Pondicherry University time and again extended the provisional affiliation, we are now concerned only with the extension of affiliation for the academic year 2013-2014.
29. The file produced by the University shows that extension of provisional affiliation for the existing Under Graduate/Post Graduate Courses for the academic year 2012-2013 was granted subject to a firm time bound commitment from the Government of Pondicherry regarding rectification of the shortcomings pointed out by the Inspection Committee deputed by the University and Bar Court of India. The proceedings dated 24 October 2012 on the file of Registrar, Pondicherry University proves this fact. The University called upon the Law Department to submit an undertaking affidavit agreeing to comply with all the deficiencies pointed out by the Expert Committee.
30. The Principal, Dr.Ambedkar Government Law College submitted an undertaking affidavit dated 7 November 2012 and requested the University to grant extension of affiliation for the academic year 2012-2013 and agreed to fulfill all the conditions within a period of three months. The affidavit was sworn to on 7 November 2012. The Principal wanted only three months time to rectify the defects. The proceedings of the Inspection Committee appointed by the University for considering the application for affiliation for the academic year 2012-2013 contain details of very sorry state of affairs of the College. Even though the Principal vide his affidavit dated 7 November 2012 agreed to comply with all the deficiencies within a period of three months, the Committee at its inspection on 24 May 2013 found that none of the deficiencies were rectified and there was no action taken to honour the commitment made by the Principal in his sworn affidavit.
31. The Administrative Department got affiliation to the College some how every year without taking any earnest efforts to comply with the deficiencies pointed out by the University. The Law Department and the College appears to be under a wrong notion that the University and Bar Council of India would continue to grant affiliation/approval each year with a condition that the deficiencies should be rectified by the next academic year and this can be repeated every year.
32. The University pursuant to the application submitted by Dr.Ambekar Government Law College for affiliation for the academic year 2013-2014 conducted inspection on 24 May 2013. The Inspection team found that nine posts of Lecturers were kept vacant. There was no principal appointed by the Government since 2004 and out of seventeen Lecturers only eight posts were filled up on regular basis and the remaining nine are part time Lecturers.
33. The Inspection Team pointed out that as per UGC directions, the temporary/part-time Lecturers should fulfill the norms prescribed for regular lecturers. The Inspection Team made strong remarks against the Law College to the effect that the college had remained insensitive to rectify the shortcomings and time has come for the faculty members to collectively represent to the Government for fulfilling all the conditions prescribed by the University. The inspection team finally recommended the case for affiliation for the academic year 2013-2014 with a condition that no further extension of provisional affiliation for the courses applied would be granted until the conditions/deficiencies pointed out are fulfilled and deficiencies corrected.
34. The University informed the College vide proceeding dated 17 June 2013 about the deficiencies pointed out by the Inspection Committee. The University informed the College that admission should not be made for the L.L.M. Courses for the academic year 2013-2014. The University further informed the College that the extension of provisional affiliation would be considered only for existing L.L.B. (3) year course with an intake of 80 subject to rectification of deficiencies pointed out by the Inspection Committee.
35. The affidavit sworn to by the Under Secretary to Government, Law Department dated 18 July 2013 contained an undertaking that all the deficiencies would be rectified within a period of three months. This affidavit is a verbatim reproduction of the earlier affidavit. The affidavits relating to the earlier years also contained a similar statement that the deficiencies would be rectified within a period of three months. This shows that the Administrative Department has no intention to rectify the defects and they only wanted affiliation every year by filing an undertaking affidavit. The deficiencies pointed out by the University remain as it is without taking any earnest efforts to comply with the regulations of the University. The University, vide communication dated 22 July 2013 informed the Law Department that the undertaking given by the Under Secretary, Law Department in his affidavit dated 18 July, 2013 indicated ten undertaking points only. The communication dated 22 July 2013 reads thus: -------------------------------------------------------- dated 22.07.2013 To The Under Secretary Law Government of Pondicherry Pondicherry. Sir, Sub: Law College Extension of Provisional Affiliation for the existing Law programmes for the Academic Year 2013-14 Reg. The Dean, CDC, office received your letter on 19.07.2013. The University Inspection Committee for Law College indicated various deficiencies. The Inspection Committee Report observations forwarded to you on 17.06.2013. Till date we have not received any compliance report from your principal. But your letter dated 18.07.2013 indicated ten undertaking points only. The University has no intention to close any of the programmes, but the University wanted to promote quality of legal education. Every year the University pointed out many shortcomings related to the Law College, till date the administration not rectified the shortcomings. The Bar Council of India already issued show cause notice to the University and the College related to various shortcomings of the College. Now the CDC request you to kindly send compliance report though your principal as early as possible. Yours faithfully sd/ Dean, CDC". -------------------------------------------------------------- 36. The University has been kind enough to grant extension of affiliation all these years with a fond expectation that the Law Department and the Principal of the College would adhere to their undertaking by rectifying the deficiencies. The undertaking remained on paper and it was never intended to be adhered to. Now that I have quashed the Government Order bringing the law college under the administrative control of Law Department, necessary follow up action should be taken by the Chief Secretary and Education Department to rectify the defects.
37. The Pondicherry University earlier wanted the order of approval from the Bar Court of India as a condition precedent for granting extension of affiliation. The Bar Council of India passed orders granting approval upto the academic year 2014-2015. Therefore it is highly necessary to take immediate follow up action by the Pondicherry University to grant affiliation to Dr.Ambedkar Law College for the academic year 2013-2014. Since I have quashed the order giving administrative control of Dr.Ambedkar Government Law College to the Law Department, it is the responsibility of the Education Department now to submit a compliance report before the University and an undertaking to comply with all the other deficiencies before the commencement of next academic year.
38. The Supreme Court in Comptroller and Auditor-General of India v. K.S. Jagannathan, (1986) 2 SCC679 observed that it is open to the High Court in appropriate cases to issue positive directions to meet the ends of justice. ".20. There is thus no doubt that the High Courts in India exercising their jurisdiction under Article 226 have the power to issue a writ of mandamus or a writ in the nature of mandamus or to pass orders and give necessary directions where the government or a public authority has failed to exercise or has wrongly exercised the discretion conferred upon it by a statute or a rule or a policy decision of the government or has exercised such discretion mala fide or on irrelevant considerations or by ignoring the relevant considerations and materials or in such a manner as to frustrate the object of conferring such discretion or the policy for implementing which such discretion has been conferred. In all such cases and in any other fit and proper case a High Court can, in the exercise of its jurisdiction under Article 226, issue a writ of mandamus or a writ in the nature of mandamus or pass orders and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the government or a public authority, and in a proper case, in order to prevent injustice resulting to the concerned parties, the court may itself pass an order or give directions which the government or the public authority should have passed or given had it properly and lawfully exercised its discretion.".
39. The first Bench of this Court had an occasion to consider the problems faced by Dr.Ambedkar Government Law College, Madras. The First Bench presided over by His Lordship Mr.Justice A.K.Ganguly, Chief Justice (as His Lordship then was) issued several directions to restore the past glory of the historical law institution. The First Bench observed that the High Court has jurisdiction to issue a writ of continuous mandamus to bring a lasting solution to the problems faced by the Law College.
40. It is appropriate to extract the following observations made by the First Bench in its order dated 1 December 2008 in W.P.No.27140 of 2008, in the matter of Dr.Ambedkar Government Law College, Chennai. ".9. Legal education being the foundation where the edifice of the great institution namely the JUDICIARY is built, we feel that it is our duty and responsibility to step in authoritatively and set right things in the interest of the society at large. In our considered opinion, in exercise of the plenary power vested in this Court, it will be well in order for this Court to issue appropriate directions to the administrative heads of the institution, as well as, the State Government in the best interest of the students, parents and the public at large. ...................
19. Taking note of the above recommendations of the Law Commission of India and having been alive to the ground realities that are existing in the field of legal education, we are of the considered opinion that the High Court as the head of the State level judiciary should step in, to ensure that the standard of legal education is improved and that every other body or authority connected with the said institution are made to involve and thereby the product of the institution in the future years will be of great asset to the judiciary as that alone will enable the litigating public and whoever is in need of legal assistance get the best legal service for the redressal of their grievances. ...............
21. Having regard to the gravity of the issue which concerns legal education vis-a-vis the premier institution of the State imparting such legal education, we have decided to issue a writ of continuous mandamus to being a lasting solution so that there will be no reoccurrence of any untoward incident in this institution or any other institutions in this State and in the same breath, every effort is taken to improve the standard of legal education in all the institutions in the State of Tamil Nadu.".
41. The background facts clearly shows that all is not well and urgent action is required to restore the status of this premier institution. Since the first Bench of this Court has underlined the dire need to develop the law colleges into centres of excellence, and shown the way to remedy the situation faced by Dr.Ambedkar Government Law College, I am inclined to issue directions to the Pondicherry Administration to intervene in the matter and take effective and timely action to restore the glory of this pioneer law institution. Direction to Education Secretary:
42. The Secretary to Government, Education Department is directed to rectify the following deficiencies pointed out by the University of Pondicherry and Bar Council of India. ".(i) Action should be taken to appoint the Principal on regular basis through the Union Public Service Commission. (ii) There are only eight faculty members functioning on regular basis. The remaining nine posts are manned by hourly paid/part-time lecturers. The University wanted all these posts to be filled up on regular basis. Efforts should be taken to fill up all vacant posts of Assistant Professor of Law in accordance with the Recruitment Rules notified by the Government of Pondicherry as per Notification in G.O.Ms.NO.30 dted 4 July 2013. (iii) Steps should be taken to create four posts of Lecturers in non-law subjects. (iv) Librarian should be appointed on a full time basis. (v) Sufficient number of non-teaching staffs including Ministerial staffs should be appointed forthwith. (vi) The existing posts of Superintendent, Assistant Librarian, L.D.C., Record Keeper, Peon, Watchman and Part-time Cooks should be filled up forthwith. In case of delay in undertaking the recruitment process, action should be taken to transfer staff from other institutions to the Law College to man these posts forthwith. (vii) Physical education teacher should be appointed. (viii) Computer Trainer to be appointed. (ix) Computer and internet facilities should be provided. (x) Action should be taken to provide canteen facilities to the students and teachers. (xi) Medical facility should be provided to the students and for the said purpose, a dispensary should be opened. (xii) Efforts should be taken to open extension counter of any one of the Banks in College premises. (xiii) Separate hostels should be provided for boys and girls. (xiv) Sufficient number of wardens and cooks should be appointed.". Time for Compliance:
43. The Secretary to Government, Education Department is directed to comply with the above deficiencies pointed out by the University and Bar Council of India in a time bound manner. The process of appointment of Principal and Lecturer and other employees should be completed on or before 31 December 2013.
44. The Pondicherry University has been giving extension of affiliation on the basis of the undertaking given by the administrative department and College. Even during this year, the University appears to have agreed to grant extension of affiliation subject to production of approval letter from the Bar Council of India and to furnish an undertaking affidavit to comply with the deficiencies. The Education Department, Pondicherry is administering several schools and colleges. The Education Department should give a firm commitment to the University to rectify all the deficiencies before submitting application for affiliation for the academic year 2014-2015.
45. The Pondicherry University is directed to consider the issue of affiliation to Dr.Ambedkar Government Law College, Pondicherry for the year 2013-2014 in the light of the extension of approval granted by Bar Council of India and the undertaking affidavit already submitted by the Principal, Government Law College agreeing to comply with all the deficiencies within a short period and subject to the production of a similar undertaking from the Education Department.
46. The other Law Colleges have already commenced classes for the academic year 2013-2014. Since the Pondicherry University failed to grant affiliation, classes are yet to commence. Though the College completed the process for admission for the academic year 2013-2014, for want of affiliation, students were not admitted. The University is therefore directed to pass appropriate orders in the matter of grant of provisional affiliation as expeditiously as possible and in any case, within a period of three days from the date of receipt/production of a copy of this order. Role of Chief Secretary:
47. The Chief Secretary to Government of Pondicherry is directed to monitor the working of Dr.Ambedkar Government Law College by issuing suitable instructions to the Education Department. The Chief Secretary should ensure that the deficiencies are complied with by the Education Department on or before 31 December 2013.
48. Since Dr.Ambedkar Government Law College is an oldest Law institution functioning in the Union Territory of Pondicherry, the Government of Pondicherry should ascertain the feasibility of converting this as a law University in line with National Law School, Bangalore and Tamil Nadu National Law School, Trichy. The Law Ministry, Government of India has already announced substantial grant to the States/Union Territory for opening Law Schools. The Government of Pondicherry should rise to the occasion by converting this institution as a National Law School of Excellence.
49. I express my deep appreciation of the efforts taken by the petitioner and assistance rendered by the learned Counsel for the petitioner, the learned Senior Government Pleder, Pondicherry and all other learned counsels for the respondents for an early solution to the burning issues concerning the only Government law institution in the Union Territory of Pondicherry.
50. In the upshot, I allow the writ petition. No costs. Tr To 1 THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF PUDUCHERRY SECRETARIAT PUDUCHERRY - 605 001 2 THE LAW SECRETARY GOVERNMENT OF PUDUCHERRY SECRETARIAT PUDUCHERRY - 605 001 3 THE SECRETARY TO GOVERNMENT SCHOOL AND COLLEGIATE EDUCATION GOVERNMENT OF PUDUCHERRY SECRETARIAT PUDUCHERRY - 605 001 4 THE PRINCIPAL DR.AMDEDKAR GOVERNMENT LAW COLLEGE PUDUCHERRY5THE REGISTRAR THE PONDICHERRY UNIVERSITY PONDICHERRY. 6 THE BAR COUNCIL OF INDIA ROSE AVENUE NEW DELHI