TMI Blog2007 (7) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... thereafter 5-year Law degree course was introduced. That so far as the 5 year Law degree course is concerned, its strength is 400 (One Section of 80 candidates for each year). The University Grants Commission appears to have extended financial assistance for the purpose of establishing a Library. The College had an attached hostel maintained out of the aid given by the Government. For whatever reasons, the Management of the College had ordered closure of the hostel with which we are not concerned for the present in this writ appeal. 3. That according to the appellants, the closure of the hostel resulted in substantial depletion in the admissions of students into both 5 year and 3 year Law degree courses. The closure of the hostel was a device adopted by the Management of the College to closedown the Law College without any reason or justification. 4. The Management of the College vide its application dated 25-6-2001 sought permission to closedown the 5-year L.L.B. degree course besides stopping the admission in the first year during 2001-2002 academic year. According to the Management of the College, it was incurring huge deficit year after year and unable to bear the increa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are recorded in support of its conclusion to accord permission to the Management of the College to closedown the 3 year and 5 year B.L. regular courses. Public interest parameters have not been kept in view by the Bar Council of India while permitting the closure of the College. The order is violative of principles of natural justice inasmuch as no notice has been issued to the appellants who are undoubtedly entitled to a notice and hearing being vitally interested in continuance of the Law College as they represent the employees both teaching and non-teaching staff. It was also contended that closure of the Law College in the absence of permission given by the Government is bad in law. 9. Sri C. Kodanda Ram, learned Counsel appearing on behalf of the Management of the College, submitted that in spite of possible steps to maintain the standards, on account of variety of reasons beyond the control of the Management it has become impossible to manage the Law College. That having explored all the possibilities to continue the Law College, the Management had as a last resort, decided to close the Law College. The closure of the hostel has absolutely nothing to do with the admission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... involves huge financial commitment to the Management of the College, since College is an un-aided and self-financing institution. 14. It is true that running of management of educational institutions cannot be equated to that of any trade or commerce. The managements of educational institutions are not expected to derive any profits by converting the educational institutions into profit making bodies. But in the absence of any grant-in-aid and financial assistance, the managements are entitled to make an appropriate and pragmatic assessment for themselves as to whether it would be feasible to run any particular educational institution in the absence of financial viability. The managements may not be allowed to make any profits but they cannot be compelled to run the institution irrespective of financial implications. 15. There is no right vested in the appellants/petitioners to insist for continuance of the Law College nor the Management of the College is under any legal or constitutional obligation to run the Law College irrespective of the financial viability. The complaint of the Management of the College is that it has become impossible to run the Law College on account o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. It is unnecessary to go into the question whether the notice issued by the Management of the College satisfies the requirement under Section 26 of the Act for the simple reason, notice issued if does not satisfy the requirement, it shall always be open to the authorities concerned to take appropriate action against the Management of the College. The contention that the College cannot be closed down without the prior approval or permission of the competent authority is not well founded. 20. It is a different matter altogether where the competent authority steps into manage the institutions in accordance with the provisions of the A.P. Education Act, 1982. Is there any requirement in law to seek permission from the Bar Council of India ? 21. The Bar Council of India vide its letter dated 13-9-1976 accorded permission to the Management of the College to start a Law College at Eluru subject to the inspection of the College by the Council in the near future. The permission was being received from time to time. 22. The Bar Council of India does not provide any financial assistance to the Colleges. The functions of Bar Council of India, includes promotion of legal education a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted seeking approval of affiliation of new colleges as well as renewal for approval of affiliation. It is unnecessary to burden this order with the details in that regard. 28. The requirement in law is approval of affiliation. Law Colleges cannot come into existence without the permission and approval of affiliation by the Bar Council of India. Law Colleges applying for approval of affiliation shall obtain no-objection for establishment of Law College from the Government or Higher Education Department of the State, if the same is requirement under the prevailing law or any order in the State. But there is no provision or procedure prescribed obligating an institution imparting legal education to obtain prior permission to closedown the institution. 29. The request made by the Management of the College is in the nature of information furnished to the Bar Council of India not to extend its approval of affiliation or permission to continue Sir C.R.R. Law College. The Convener of Admissions cannot allot any students into the Law Colleges unless such Law Colleges have valid approval of affiliation from the Bar Council of India. The effect of the request of the Management of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blished and as long as such institution exists. The Bar Council of India cannot compel any individual or agency or society to establish a Law College nor fan compel anyone to continue the same whatever be the situation. Scope of writ of mandamus: 35. That under the guise of challenging the orders passed by the Bar Council of India, the appellants/petitioners are virtually asking for a writ of mandamus directing the Management of the College to continuously run the Law College irrespective of the inconvenience and financial implications involved. The Court cannot issue any such mandamus compelling any private management to perform an impossible act. Even in the absence of the so-called permission granted by the Bar Council of India, the Management of the College could have as well closed down the Law College as it was finding difficulty to manage the Law College any more. Directions cannot be issued by this Court compelling any private management to run the educational institution for the sake of its employees. 36. It is very well settled that a writ of mandamus is not a writ of course or writ of right, but is, as a rule discretionary. Unless the right, which the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
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