1995 (8) TMI 309 - SC - Indian Laws

Summary

Issues Involved:
1. Grant-in-aid to non-Government Law Colleges.
2. Discrimination against non-Government Law Colleges.
3. Implementation of pension-cum-gratuity scheme for non-Government Law Colleges.
4. State's obligation under Articles 21 and 39A of the Constitution.

Summary:

1. Grant-in-aid to non-Government Law Colleges:
The main issue in Writ Petition No. 2303 of 1987 was to direct the Government of Maharashtra to extend the grant-in-aid scheme to non-Government Law Colleges retrospectively from April 1982 or from the date of filing of the writ petition. The High Court held that the action of the Government in not extending the grants-in-aid to non-Government recognized law colleges was discriminatory. The Supreme Court upheld this decision, directing the State of Maharashtra to extend the grant-in-aid scheme to all Government recognized private law colleges from the academic year 1995.

2. Discrimination against non-Government Law Colleges:
The High Court found that withholding grants-in-aid from non-Government Law Colleges while providing them to other faculties such as Arts, Science, Commerce, Engineering, and Medicine was discriminatory. The Supreme Court agreed, stating that the State had not discharged the burden of proof to justify the differential treatment. The Court noted that recognized private law colleges were singled out for hostile discriminatory treatment without proper justification.

3. Implementation of pension-cum-gratuity scheme for non-Government Law Colleges:
In Writ Petition No. 4816 of 1987, the prayer was to extend the benefit of the pension-cum-gratuity scheme to the staff of non-Government Law Colleges. The High Court directed the Government to implement the scheme for the staff of non-Government law colleges with effect from 1.10.1982. The Supreme Court modified this direction, stating that the scheme should be implemented from April 1, 1995, upon the staff exercising their option within three months of the Government's declaration to implement the grant-in-aid scheme.

4. State's obligation under Articles 21 and 39A of the Constitution:
The Supreme Court emphasized that the right to free legal aid and speedy trial are guaranteed fundamental rights under Article 21 of the Constitution, and Article 39A mandates the State to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities. The Court held that the State's denial of grant-in-aid to recognized private law colleges was contrary to these constitutional mandates and directed the State to ensure that such colleges are afforded the grant-in-aid to maintain high standards in legal education.

Final Directions:
The Supreme Court directed the State of Maharashtra to:
- Extend the grant-in-aid scheme to all Government recognized private law colleges from the academic year 1995.
- Implement the scheme within three months.
- Collect data and attempt to restart closed or about-to-close non-Government law colleges for extending grant-in-aid from the academic year 1995-96.
- Implement the pension-cum-gratuity scheme for the staff of non-Government law colleges from April 1, 1995.
- Ensure that only duly recognized and affiliated private law colleges are afforded the grant-in-aid.
- Maintain high standards in legal education with the concurrence of relevant authorities.

The appeals were disposed of with no order as to costs.