Kochi: The Kerala High Court has now directed the state government to take appropriate decisions, in four months, on creating permanent posts and appointments of faculty members in government law colleges from 2023-24.
Justice Shaji P. Chaly held that as per Bar Council of India (BCI) rules, 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.
The court was hearing a case filed by four students pursuing LLB from three different government law colleges in Kerala.
They moved the court seeking a direction to the authorities concerned 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 BCI Rules of Legal Education, 2008 and its guidelines/resolution.
They, therefore, sought a direction to the authorities to immediately fill up the vacancies of permanent faculties in government law colleges in the state to comply with the said Rules.
The petitioners also pointed out that as per the rules, the university has to ensure that the core faculty members for each course should be in the ratio of at least be 1:40, so that the students do not suffer because of shortage of faculty members.
The counter affidavit filed by the respondents submitted that even though a consolidated proposal from the government law colleges was forwarded to the government’s Finance Department, it did not grant approval to create posts and make permanent appointments.
After going through the facts, the Court noted that the state government has not taken adequate steps to satisfy the requirements of the Act of 1961 and the Rules of 2008 with respect to the appointment of required faculty and the Finance Minister is yet to take a final decision.
Therefore, the court directed the State to take appropriate decisions by four months on creating permanent posts and appointments of faculty members in government law colleges within Kerala, at least from the year 2023-24.
