UGC V/s. BCI - Open Letter to President of India

MOST URGENT :

To

The President of India,

Rashtrapati Bhavan,

New Delhi -110 004.    India.

May it, please,  Your Excellency,

Subject : Why malice towards Gujarat by the Bar Council of India ?

This is to bring to your kind notice the following facts that :

The Universities in Gujarat are established by the Act of Parliament and/ or Government of Gujarat.

The Universities of Gujarat and India and/ or Foreign Universities their curriculum and syllabus and Degrees/ Diplomas / Certificates are valid only, if recognised by the supreme statutory and autonomous body of India which has the absolute powers , namely, University Grant Commission established under section : 22 of the UGC Act, 1956.

Accordingly, the curriculum and syllabus imparting the law education andconferring the Degrees/ Diplomas/ Certificates by the Universities in Gujarat by virtue of their Regulations, Statutes and Ordinances are legally approved and recognised by section : 22 of the UGC Act, 1956.

The fact in question is the unique scheme of conferment of the Degree of  LL.B. ( General ) and LL.B. ( Special ) by the Universities in Gujarat after graduation in any discipline such as Bachelor of Arts, Bachelor of  Commerce and Bachelor of science etc; except now the Bachelor of  Medicine and Bachelor of Surgery which is popularly known as M.B;B.S.

To the best of my knowledge and belief and in my humble opinion is the unique and best scheme of imparting the legal education not only in Gujarat and/ or India but in the world. It is also recognised by the UGC.

The Genesis of Malice :

The Bar Council of India is ignorant regarding this unique scheme of Bachelor of Laws ( General ) and Bachelor of Laws ( Special ) Course and Degrees prevalent in the State of Gujarat with ulterior motives or the Principal and Deans of Law Colleges; Vice- Chancellors of Universities and Chairman and Members of Bar Council of Gujarat have miserably failed to bring this fact to the notice of the Bar Council of India . The result is that the Bar Council of India has never taken notice of LL.B. ( General ) and LL.B. (Special ) Course and Degrees prevalent in Gujarat in devising their  Rules of Legal Education, 2008. They only mention about the Three Years Course and Five years Course of Law. The malice towards the Lawstudents of Gujarat and Law Degrees of Gujarat which is recognised by the UGC is exposed when Mr. M.D. Joshi : Secretary, Bar Council of India filed an affidavit-in-reply in the Writ Petition before the High Court of Gujarat on behalf of the Chairman, Bar Council of India stating on oath that for admission to the LL. B. ( Special ) Course the pre-requisite minimum percentage of marks i.e. 45% in aggregate at the graduation level is not only necessary but compulsory even though the law student has passed and conferred the LL. B. ( General ) Degree by the Universities in Gujarat recognised by the UGC . He further states on oath that the LL.B. ( General ) Degree conferred by the Universities in Gujarat without the pre requisite minimum percentage of marks i.e. 45% in aggregate at thegraduation level is ab initio null and void and cannot be ratified by BCI …The grave injustice is done to more than 835 law students of Gujarat who are denied the admission to the LL.B. ( Special ) Course though they have passed the LL.B. ( General ) Examination and Conferred Degree by the Universities in Gujarat recognised by the UGC.

Unfortunately, the Principal and Dean of Law College, Vice-Chancellor ofUniversity and Chairman of Bar Council of Gujarat and State Government Pleader have knowingly or unknowingly formed the syndicate to do injustice to the law students of Gujarat and have blindly supported the Bar Council of India failing in their pious duty to bring to the notice of the Hon'ble Court the bias, prejudice and malice towards the law student of Gujarat regarding the unique scheme of LL.B. ( General ) and LL. B. ( Special ) recognised by the UGC which is the supreme and autonomous statutory authority and custodian to safe guard the standard and excellence of higher education in India by virtue of section 12 of the University Grants Commission Act And Rules & Regulations ; National Policy on Education, 1986 and Programme of Action (PoA for NPE) 1992 and not the Bar Council of India. This statement of Policy is clear in word and spirit in the Report of the Curriculum Development Committee Law Report on page No. 12 as mentioned below  :

Chapter I :

The difficulty of dual control by BCI and UGC is substantially reduced to the extent that the latter ( UGC ) will be in a position to provide more help and assistance to the LL.B Honours courses in conformity with its statutory responsibility of maintaining standards of higher education.

Emphasis supplied...

The argument can be more clearly substantiated by the following  legal fiction :

Legal Fiction : A law student has obtained the requisite 45% marks at the graduation level. Will he be able to get admission, direct to LL.B. ( Special ) course without doing LL. B ( General ) ? or shall the law student of Gujarat throw the august LL.B. ( General ) Degree to dustbin ?? The Answer is No.

Not at all.

( There cannot be two pre-requisites for qualifying for admission to the LL. B. ( Special ) Course. ( 1 ) minimum requisite of 45% aggregate marks at the graduation level and ( 2 ) compulsory LL.B. ( General ) Degree. if so, it should be clearly mentioned...

Indirectly asking for dual qualification is not only unjust and capricious meaning thereby -Determined by chance or impulse or whim rather than by necessity or reason but absolutely illegal , too …)

Relief and remedy :

We earnestly solicit in the interest of justice that :

1. The Principal Secretary to the Government of Gujarat : Education Department be directed to issue the notification to all the Universities in Gujarat that “... only pre-requisite for admission to the LL.B. ( Special ) Course shall be the LL.B. ( General ) Degree ...” conferred by the Universities in Gujarat established by law and recognised by the UGC under section 22 of the UGC Act, 1956to set the record right.

2. The Government Pleader be directed to appear as the Intervener in ensuing Writ Petition before the High Court of Gujarat at Ahmedabad and place the above mentioned facts before the Hon'ble Court including the above mentioned notification duly promulgated.

3. The Principals and Deans of Law Colleges; Vice-Chancellors of the Universities in Gujarat; Chairman and Members of the Bar Council of Gujarat; Chairman and Members of the Bar Council of India be apprised with the above mentioned Notification duly promulgated...

For this act of kindness, we shall ever pray for you.

Surat:

Dated: 13-9-2010                             

s/d-

A. Patrawala Advocate

For the Victims of Malice by the Bar Council of India, New Delhi.