Extracted from the PDF above. The PDF is authoritative.
07.07.2026 Item No.24 Court No.01 Avijit Mitra WPA (P) 129 of 2026 Masooq Rahman - Versus – The Bar Council of India & ors. Mr. Robiul Islam, Mr. K.M. Hossain, Mr. Sk. Jayad Hossain, Mr. Kazi Arban Ali, Mr. Mayukh Saha …for the petitioner Mr. Avinash Kankani ….for the Bar Council of India Mr. Amitava Chaudhuri, Mr. N. Roy …for the Kalyani University Mr. Pappu Adhikari …for the respondent no.12 Mr. Pratik Dhar, Sr. Adv., Mr. Samir Halder, Mr. Snehal Sinha …for the respondent nos. 9 to 11 Affidavit-of-service, as filed, be kept on record. The present Public Interest Litigation (in short, PIL) has been preferred, inter alia, praying for issuance of necessary direction upon the respondents to revoke the approval and affiliation granted to the JRSET College of Law (in short, the said college) for imparting legal education and also to immediately terminate the services of the respondent no.12. Mr. Islam, learned advocate appearing for the petitioner submits that the said college though affiliated to the University of Kalyani (in short, said
University) and recognised by the Bar Council of India (in short, BCI), has acted in blatant violation of the provisions of the Advocates Act, 1961 and the Bar Council of India Rules on Legal Education, 2008 by admitting students far beyond the sanctioned intake capacity. He alleges that the said college had miserably failed to maintain the prescribed faculty-student ratio and it also does not have proper infrastructural facilities for conducting the LL.B course. He contends that the respondent no.12, a non- teaching employee of the said college, is having absolute control over the internal assessment and examination process and in spite of repeated complaints, appropriate steps have not been taken by the authorities. Mr. Dhar, learned senior advocate appearing for the said college and its functionaries denies and disputes the contention of Mr.
Islam and submits that the admission of students pertaining to the earlier academic period/years 2022-2023, 2023-2024 and 2024-2025 of the said college has been regularised and permission has also been granted to admit students in imparting three year LL.B degree course with intake of one section and five year BA 2
LL.B (H) course with intake of two sections of 60 students in each section for a period of one year i.e., for the academic year 2025-2026 subject to compliance of Rules of Legal Education, 2008 and that as such the allegations levelled in the writ petition are absolutely unfounded. In support of such contention reliance has been placed upon a memo dated 31st May, 2025 issued on behalf of the BCI. Let the said memo, as placed, be kept on record. He further submits that the contention of Mr. Islam that the respondent no.12 has absolute control over the affairs of the said college, is unfounded inasmuch as the said respondent no.12 has already resigned on and from 3rd September, 2024 and since then he has not been allowed to enter the college premises. Mr. Adhikari, learned advocate appearing for the respondent no.12 has placed before this Court a release order-cum-experience certificate issued by the President of the said college on 3rd September, 2024 wherefrom it appears that the respondent no.12 submitted his resignation and he had been, accordingly, released on and from September, 2024. Let the memo dated 3rd September, 2024, as placed, be kept on record. 3
Mr. Kankani, learned advocate appearing for the BCI submits that the approval of affiliation granted to the said college is provisional and subject to compliance of Rules of Legal Education, 2008 and all circulars/directives/guidelines/notifications issued from time to time by the BCI and to that effect the college is required to file an affidavit-of-compliance of all terms and conditions. Mr. Choudhury, learned advocate enters appearance on behalf of the University and disputes the contention of Mr. Islam.
We have heard the learned advocates appearing for the respective parties and considered the materials on record. From the memo dated 31st May, 2025 issued on behalf of the BCI, it is explicit that the said college is enjoying provisional approval of affiliation and extension of such approval is subject to compliance of all circulars/directives/guidelines/notifications issued from time to time by the BCI. The memo dated 3rd September, 2024 certifies that the respondent no.12 submitted his resignation from the post of Office Assistant in the said college and has been released on and from 3rd September, 2024. 4
It has also been contended on behalf of BCI that in the event the college fails to comply with the specified conditions, as detailed in the memo dated 31st May, 2025, it would not be possible to extend the approval of affiliation status. In the said conspectus, we are of the opinion that no further interference is called for in the present PIL and the same is, accordingly, disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, A.C.J.) 5