Let me begin at the very beginning by first and foremost explicitly pointing out that in a landmark judgment with far reaching consequences that shall benefit many students and teachers, the Uttarakhand High Court on June 19, 2018 in the case of Dr Bhupal Singh Bhakuni v State of Uttarakhand & others in Writ petition (PIL) No. 127 of 2014 ordered the State to establish a National Law University (NLU) in Uttarakhand within three months. It also directed the State to run the NLU from government buildings or a hired private accommodation until the construction of the campus is complete. It must be complied with promptly by the State.
Availability of sufficient land
Truth be told, the Court noted that sufficient land is available in District Udham Singh Nagar, and rapped the State for delaying the establishment of the NLU. The Court minced just no words in observing that, “The Court has not accepted the plea raised by the State Government that the land is not available. We have already noticed hereinabove that sufficient land is available. There are always teething problems as and when a new establishment including a University is to be set up. This could be overcome if there was a will of the State to establish/start the University as per Section 3 of the Act of 2011. The University could be established and thereafter the classes could start in any government building or rented accommodation.” Very rightly said!
Laudable object lost in red tapism
State’s responsibility to gather funds
It cannot be lost on anyone that when confronted with the lazy submission that funds had to be gathered for establishing the NLU, the Uttarakhand High Court shot back saying that it was the State’s responsibility to address this concern. It observed in no uncertain terms that, “The State Government was aware of this contingency at the time when the National Law University of Uttarakhand Act, 2011 was legislated. It was for the State Government to garner the funds. There cannot be any compromise as far as the field of education is concerned. The National Law University could have been a feather in the hat of the State of Uttarakhand.”
Directions Given By Court
Before winding up, it would be extremely important to bring out here what the Uttarakhand High Court directed in para 36 of this landmark judgment. It held clearly and categorically that, “Accordingly, we allow both these petitions by issuing the following mandatory directions: -
A. The State Government is directed to start the National Law University in the State within three months from today.
B. The respondent-State is directed to run the University from the government buildings or by hiring a private accommodation at a reasonable rate.
C. The State of Uttarakhand is directed to raise construction for the University preferably in Tarai area including in District Udham Singh Nagar where the government land measuring about 1800 acres is available.
D. The first academic session shall start from September, 2018. Necessary permission shall be obtained by the National Law University from the Bar Council of India.
E. The respondent-State, till date, has not framed the Regulations within a period of one month from today. All the appointments in the University shall be made as per the Universities Act and the Regulations, framed thereunder, within a period of three months from today including appointment of teaching faculty and ministerial staff.”
Conclusion
All said and done, it is a landmark and laudable judgment with far reaching consequences. It must be implemented at the earliest by the State Government. It should not waste any time further by not implementing it by indulging in dilly dallying as the Uttarakhand High Court has itself noticed in this very case. This has callously been the attitude of the State Government by not ensuring the creation of a National Law University at the earliest! To say the least, one hopes that now the State Government will pay heed to what the Uttarakhand High Court has directed so rightly!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.