Observing that imparting legal education to rural students assumes importance and it cannot be denied on flimsy grounds, the Madras high court has directed the state government to consider the application of Vanniyar Educational Trust (VET) within four weeks, for issuance of no objection certificate (NOC) to set up a law college in Tindivanam.
A division bench of Justices D. Murugesan and K.K. Sasidharan dismissed the state government’s appeal against the order of a single judge, which directed it to issue NOC to VET to start a law college in the name of Saraswathi Law College in Tindivanam.
The Trust had applied for issuance of NOC in the academic year 2008-09 to the state government, which rejected the plea on two grounds.
The single judge, having noticed that both the conditions have been complied with and the rejection was unwarranted, had directed to grant NOC.
Meanwhile, advocate-general A. Navaneethakrishnan contended that NOC could not be granted to a law college that was sought to be established in a place where there was no district court (Tindivanam), VET’s request had been rightly rejected.
The Bench said a close reading of Rule 8 (1) of Section-A in Part-IV of the Bar Council of India did not indicate that a law college should be located only in the district headquarters, where the district court is located.
The rule contemplated that the law college should ordinarily be located, which meant that it could also be located in other places, provided any circuit district court existed there.
In and around Tindivanam approximately 92, 85, 284 persons are living and the distance between the five districts — Cuddalore, Tiruvannamalai, Ariyalur, Villupuram and Tindivanam — is not beyond 40 km from Tindivanam.
A district court at the level of additional district judge is functioning at Tindivanam. The single judge was right in holding that setting up of a law college at Tindivanam would be in compliance of the BCI Rule, the Bench added.
The bench observed: “A basic degree holder, irrespective of discipline, is entitled to pursue legal education.
Knowledge in law will improve standard in the life of students and development of rural area will be the main criteria to ascertain the actual development of the country. So, imparting legal education to rural students assumes importance.
As Tindivanam is situated on the outskirts to certain main cities, it would certainly require a law school to cater to the needs of rural students.”