TMI Blog1995 (8) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... ay University and the University of Pune, Marathwada, Nagpur and Kolhapur, the Bar Council of Maharashtra and the Bar Council of India. The University Grants Commission is also a respondent. It should be stated at the outset that the common appellant in these civil appeals (State) (petitioner in the S.L.Ps. and the common first respondent inthe writ petitions in the High Court) was the sole contesting party in the High Court. The other respondents in the High Court and still before us support the petitioners in the writ petitions - respondents in the civil appeals. 2. Writ petition No. 2303 of 1987 is the main petition. The prayer therein was to direct the Government of Maharashtra to extend the grant-in-aid scheme to the non- Government Law Colleges in the State retrospectively from April, 1982 or from the date of filing of the writ petition. Respondents 51 to 53 in the civil appeals addressed a letter to the High Court the raising certain grievances of retired employees of Law College, Pune. The said letter was treated by the High Court suo motu as Writ petition No. 4816 of 1987. The prayer therein was that the benefit of pension- cum- gratuity scheme introduced by the Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ges. Such consideration shall be made within four weeks from date and the law colleges which will be considered by the State of Maharashtra as eligible for the grant- in-aid shall be paid the grant-in-aid within two weeks thereafter. Mr. S.K. Agnihotri, learned counsel appearing on behalf of Respondent No.1 is discharged as prayed for by him as the Respondent No.1 has himself appeared in person before us and accepts notice. The State of Maharashtra shall supply copies of the grant-in-aid scheme to the appearing respondents within four weeks from today. 4. By Order dated 14.2.1989, a Bench of this Court passed an interim order to the following effect:- List the matter on 28th March, 1989, subject to overnight part-heard for final disposal. There will be interim stay of the operation of the judgment of the High Court and also the hearing of the application for contempt which has been filed by the 1st Respondent in the High Court. Additional affidavits, if any, shall be filed in the meantime. Still later, on 23.10.1990, a Bench of this Court passed the following interim order:- After hearing the learned counsel Mr.S.K.Dholakia, Sr. Adv. for a considerable length of tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We consider it proper in the interest of justice to grant a last opportunity of one month to the petitioner to file an affidavit stating all the details with regard to the allocation of Budget for the law colleges in the State of Maharashtra. We also award a cost of ₹ 1,000/- for adjournment. Put up on 22nd November, 1991 at the top of the hearing cases subject to overnight part-heard. The amount of ₹ 1,000/- will be paid within two weeks to the respondents. Along with the additional submission filed by the first respondent in the civil appeal, papers evidencing `technical education in Maharashtra State 1989-90', the statement showing grants-in-aid given to aided Engineering Colleges, Polytechnic and other technical institutions have been annexed as Ext. Pl. In Ext. P2, filed along with the additional submission, civil budget estimates of expenditure for the year 1992-93 for Education and Employment Department of Government of Maharashtra it is seen at SI. No.104 on page E48 under the head 104(1)(I), ` grants to non- Government Arts, Science, Law and Commerce Colleges'. 7. We heard counsel on both sides. The appellant's counsel stressed the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving full particulars in pursuance of the earlier order dated 27th August, 1987. Even so, no steps were taken in that behalf and no statement was filed regarding the steps taken in pursuance of the recommendations of the committee. What is more, in the interim order passed by this Court, the State was directed to prepare the grant-in-aid scheme in accordance with the judgment of the High Court and specify the law colleges which were found to be eligible to be paid the grant-in-aid. Various law colleges submitted the relevant documents to enable the Government to prepare the scheme. Though the State Government prayed for extension of time to frame the scheme, no orders were obtained thereon nor was the scheme prepared. Apart from the discriminatory treatment meted out to one facet of education, viz., private law colleges, the Division Bench also stressed the point that in the context of the obligation of the State under the directive principle of the State policy to provide free legal aid, legal education to a good number of students is essential and in its absence, hardship and detriment to the general public will ensue and the public will be deprived of the legal assistance. The i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Maharashtra. The main plea of the State was lack of funds and also the general or vague unsubstantiated statement that other private professional educational institutions were not receiving grants-in-aid. When, prima facie, a plea of discrimination is made out, the burden of proof is on the State to show that it is not so; or that a valid and permissible classification exists for the differential treatment meted out to Government recognised private law colleges alone. There should be nexus between the basis of classification and the object of the Act under consideration. On the above crucial aspects, on an evaluation of Government's affidavits, they are found to be wanting, replete as they are with generalisations, good intention and achievements in other fields of education which are irrelevant. The charge of discrimination stands unproved. It was further stated by the State that the maximum effort is taken by it to provide primary and secondary education to every child and that the weaker section of the society is taken care of within available financial resources and private professional colleges were given recognition only on condition that they will be self- supporting and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowances and other benefits. Slowly private law colleges, one by one, face the prospect of closure. The Dayanand College of Law at Latur had closed the first and second year of LLB. classes. Law College at Usmanabad had closed the first year LL.B. Classes. Similar is the case of Jalna Law College. This is an increasing epidemic and the students will be starved of legal education and will be deprived of practising law as a profession which will cause hardship and detriment to the general public who will be deprived of legal assistance. 10. On hearing counsel, we are of the view that no dispute seems to have been raised in the High Court regarding the grant-in-aid made available to recognised private professional colleges other than law. Nor was any material placed before the court on this score. The conclusion of the High Court to the effect that not extending the grant-in-aid to non-Government law colleges and at the same time extending such benefit to non-Government colleges with faculties viz., Arts, Science, Commerce, Engineering and Medicine (other professional non-Government colleges) is patently discriminatory, and based on material and sustainable. The State has not disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only six of them started earlier have been granted the facility of grant-in-aid (pages 157 and 158 of the paper book). The further averment to the effect that private professional colleges were allowed to start only on condition that they would not get grant-in-aid stands belied, in view of the grant to six private engineering colleges. On what basis six private engineering colleges were admittedly given grant-in-aid, is not evident. It does not stand to reason. The affidavit filed by Sri Madhusudan Balakrishna Karmarkar (Respondent No. 45) dated 17.3.1989, available at pages 244 to 253 of the paper book, discloses the following facts:- On the contrary medical, engineering and ayurvedic colleges which were started before 1983 were either fully financed by the Government or were run by the Government itself. Government of Maharashtra has approved grant-in-aid scheme for the non-Government engineering colleges on 18th May, 1978 (hereto annexed and marked Ext.`A' is a copy of the said scheme) to the Ayurvedic non-Government colleges on 4th September, 1978 and thereafter on 2nd May, 1980 (hereto annexed and marked Ext. `B' and `C' are the copies of the said scheme). So ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-aid. In the light of the above unassailable state of affairs, it is idle for the State to contend that the High Court was in error in assuming that non-Government private professional colleges like Engineering Colleges, Medical Colleges, etc. were given the benefit of grant-in-aid scheme. It is perhaps, due to this undoubted state of affairs, there was no dispute before the High Court on this count. Our attention was invited to the fact that the working group constituted by the Government of Maharashtra, by order G.R. No. NCC/2086/(7) INI-2A dated 24th April, 1986 under the Chairmanship of Prof. D.R.Meghe, Principal of University College of Law, Nagpur, submitted a report for non-Government Law Colleges in the State of Maharashtra (available at pages 208 to 218 of the paper book). The working group has recommended that the revised unified and integrated grant-in-aid formula laid down to colleges of Arts, Commerce,Science and Education, as reflected in Resolution No. NGC 1279/157796 - XXV dated 3.10.1979 (page 162 of the paper book) should be made applicable to the non-Government law colleges with effect from 1985-86. It was also brought to our notice that the Government of Mahara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... placing reliance on the decision of this Court in Municipal Council, Ratlam v.Vardhichand (AIR 1980 Sc 1622). This reasoning of the High Court is also fully justified and no exception can be taken to the said proposition as well. We hold so. 13. A plea was taken in the High Court that the petitioner has no right to seek a writ of mandamus under Article 226 of the Constitution basing his relief on a directive principle contained in the Constitution. The High Court, rightly in our opinion, repelled this plea relying on the decision of this Court in State of Himachal Pradesh v. Umed Ram Sharma (AIR 1986 SC 847). The High Court referred to the dictum laid down in the aforesaid decision to the effect (a) the Court can in a fit case direct the executive to carry out the directive principles of the Constitution, and (b) when there is inaction or slow action by the executive the judiciary must intervene. We have no doubt that the above conclusion of the court below is also justified. 14. On an analysis of the various aspects discussed above, it is evident that the High Court was right in holding that recognised private law colleges have been singled out for hostile discriminatory tre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s further declared thus: The right to education which is implict in the right to life and personal liberty guaranteed by Article 21 must be construed in the light of the directive principles in Part IV of the constitution. (Emphasis supplied) Article 21 of the Constitution dealing with personal liberty has many dimensions as held by the series of decisions of this Court. A few of them have been catalogued in the judgment of Mohan, J. in Unnikrishnan's case [1993 (1) SCC 645) at pages 669 and 671. It is now fairly settled that the right to legal aid and speedy trial are part of the guarantee of human rights envisaged by Aticle 21 of the Constitution of India (see M.H. Hoskot v. State of Maharashtra - 1978 (3) SCC 544, Hussainara Khatoon v. Home Secretary, State of Bihar 1980 (1) SCC 98, and A.R.Antulay v. R.S.Nayak - 1992(1) SCC 225. 16. In the light of the above, we have to consider the combined effect of Article 21 and Article 39A of the Constitution of India. The right to free legal aid and speedy trial are guaranteed fundamental rights under Article 21 of the Constitution. The preamble to the Constitution of India assures `justice, social, economic and political&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nches of the law is necessary. The requirement is of such a great dimension, that sizeable or vast number of dedicated persons should be properly trained in different branches of law, every year by providing or rendering competent and proper legal education. This is possible only if adequate number of law colleges with proper infrastructure including expertise law teachers and staff are established to deal with the situation in an appropriate manner. It cannot admit of doubt that, of late there is a fall in the standard of legal education. The area of deficiency should be located and correctives should be effected with the co-operation of competent persons before the matter gets beyond control. Needless to say that reputed and competent academics should be taken into confidence and their services availed of, to set right matters. As in this case, a sole Government law college cannot cater to the needs of legal education or requirement in a city like Bombay. Lack of sufficient colleges called for the establishment of private law colleges. If the State is unable to start colleges of its own, it is only appropriate that private law colleges, which are duly recognised by the concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 21 read with Articles 41, 45 and 46 alone came up for consideration. The scope of Article 21 in the light of Article 39A never arose for consideration nor was it considered in the said decision. 18. For the above reasons, we uphold the judgment and order of the High Court of Bombay under appeal as detailed herein below and dismiss the civil appeals. 19. In view of the fact that the decision of the High Court was rendered nearly seven years ago and the operation of the judgment was stayed by this court as early as 14.2.1989, we are of the view that taking into account the subsequent events, the ends of justice call for suitable and appropriate modification regarding the operative portion of the judgment contained in paragraph 34 we, therefore, pass the following order or directions in substitution of paragraph 34 of the judgment of the court below. We direct the State of Maharashtra to the following effect:- A. Government is directed to extend the grant-in-aid scheme to all Government recognised private law colleges, on the same criteria as such grants are given to other faculties viz. Arts, Science, Commerce, Engineering and Medicine from the academic year 1995; B ..... 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