2025:KER:30716 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 3577 OF 2025 PETITIONERS: 1 MEBIN PETER AGED 27 YEARS S/O PETER, 9TH SEMESTER BBA, LL.B (HONS) (5 YEAR) GOVERNMENT LAW COLLEGE, CALICUT, PIN - 670650 2 NIDHUL BABU AGED 27 YEARS S/O BABU, 9TH SEMESTER BBA,LLB(HONS) (5YEAR), GOVERNMENT LAW COLLEGE, CALICUT, PIN - 673012 BY ADVS. A.MUHAMMED MUSTHAFA M.P.SREEKRISHNAN THEJALAKSHMI R.S. RESPONDENTS 1 GOVERNMENT LAW COLLEGE KOZHIKODE REPRESENTED BY ITS PRINCIPAL, VELLIMADUKUNNU, KOZHIKODE, PIN - 673012 2 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, 2025:KER:30716 WP(C) NO.3577 of 2025 2 THIRUVANANTHAPURAM, PIN - 695001 3 THE BAR COUNCIL OF INDIA REPRESENTED BY TS CHAIRMAN, 21 ROUSE AVENUE INSTITUTIONAL AREA, NEAR BHAL BHAWAN, NEW DELHI, PIN - 110001 4 THE DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695001 5 KERALA STATE HIGHER EDUCATION COUNCIL REPRESENTED BY ITS CHAIRMAN, SCIENCE AND TECHNOLOGY MUSEUM CAMPUS, PMG, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 SRI. TONY AUGUSTINE,GOVERNMENT PLEADER SRI.RAJIT, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30716 WP(C) NO.3577 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 The petitioners are students pursuing their five year B.B.A, LL.B(H) Degree Course at the 1st respondent- Government Law College, Kozhikode. The petitioners are due to complete their course by December, 2025. 2. The Bar Council of India has formulated Ext.P1 Rules for maintaining standards of legal education in the country. The 1st respondent is not maintaining adequate staff strength in terms of Ext.P1 Rules. 3. When there was disparity in staff strength in the Government Law Colleges, the students from various Law Colleges have approached this Court by filing W.P.(C) No.23598/2021. This Court, after consideration of materials, passed Ext.P2 judgment. In purported compliance of Ext.P2, 2025:KER:30716 WP(C) NO.3577 of 2025 4 the 2nd respondent has created teaching posts in terms of Ext.P1 Rules in all other Colleges, except the 1st respondent- College. 4. On enquiry by the petitioners and other students of 1st respondent-College, it is learnt that the reason for not creating teaching posts as per Ext.P6 is occasioned on account of not forwarding the proposal for the same by the 1st respondent. 5. Heard. 6. Aggrieved by the inaction on the part of the respondents in the matter of maintaining standards in terms of Ext.P1 Rules, the petitioners have approached this Court seeking the following reliefs:- “(i) Issue a writ of mandamus directing the 1st respondent to forward a proposal in order to make the staff strength at par with Ext.P1 Rules framed by the 3rd respondent-Bar Council of India. (ii) Issue a writ of mandamus directing the 2nd respondent to create sufficient teaching posts in order to make the staff strength at par with Ext.P1 2025:KER:30716 WP(C) NO.3577 of 2025 5 Rules framed by the 3rd respondent-Bar Council of India.” 7. Government Pleader, on instructions, submitted that a communication from the Principal Secretary to Government, Higher Education (C) Department with No.C1/349/2024-HEDN dated 03.03.2025 addressed to the Principal of the Government Law College, Kozhikode indicated that two guest faculties can be engaged to fulfill the remaining workload in the Management Department in the College in order to ensure the smooth conduct of teaching and to avoid any disruption to the students’ education. The Government has received proposal for regular appointment only last week and the same is under process. 8. In view of the said subsequent development, the writ petition is disposed of with the following directions:- (i) The 2nd respondent is directed to expedite the process of making regular appointment to the post of teaching 2025:KER:30716 WP(C) NO.3577 of 2025 6 staff in the Law College. (ii) The 1st respondent is directed to take expeditious steps for appointment of guest faculties as permitted as per communication dated 03.03.2025, expeditiously. Sd/- N.NAGARESH JUDGE hmh 2025:KER:30716 WP(C) NO.3577 of 2025 7 APPENDIX OF WP(C) 3577/2025 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE RULES OF LEGAL EDUCATION, 2008 Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 16.02.2023 IN WP(C) NO.23598 OF 2021 Exhibit P3 A TRUE COPY OF THE JUDGMENT, DATED 13.11.2023 IN RP NO.1007/23 Exhibit P4 A TRUE COPY OF THE ORDER NO. GO(MS) 303/2020/HEDN DATED 26.08.2020 Exhibit P5 A TRUE COPY OF THE ORDER NO. GO(MS) 90/2021/HEDN DATED 13.02.2021 Exhibit P6 A TRUE COPY OF THE ORDER DATED 22.06.2023