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Dr. Bhupal Singh Bhakuni v. State of Uttarakhand and Ors - (High Court of Uttarakhand) (19 Jun 2018)

ESTABLISHMENT OF A NATIONAL LAW UNIVERSITY IN THE STATE OF UTTARAKHAND IS INEVITABLE SINCE THE CONCERNED STATUTE WITH RESPECT TO THE SAME HAS BEEN PROMULGATED AND ENFORCED LONG BEFORE IN THE YEAR 2011

MANU/UC/0365/2018

Constitution

In the instant Petition a question of great public importance has been raised for establishment of National Law University. The grievance of the Petitioners, is that though the National Law University of Uttarakhand Act, 2011 has been promulgated and came into force but despite that, the State Government has not established the National Law University in the State of Uttarakhand. This Court has passed number of orders, but no steps were taken pursuant to the orders passed by this Court from time to time.

It is an admitted fact that there is no National Law University in the State of Uttarakhand. The State Government promulgated the Ordinance in the year 2010 followed by the National Law University of Uttarakhand Act, 2011.It is strange that till date, the University has not been established. There is a long unfruitful correspondence entered into between the various functionaries of the State Government with the Director, UJALA.

The consistent stand of the Respondent-State is that the land is not available at Bhowali or at Pant Nagar. It may be that the land is not available at Bhowali but it is difficult to believe that the land is not available in the entire State for the establishment of the University. Petitioner has also suggested various other places where the University could be established. The laudable object, to be achieved by the enactment, has not been achieved by the State functionaries. Moreover the necessity for having the National Law University in the State of Uttarakhand is that the new State was created under the U.P. Reorganization Act, 2000. The students of the State of Uttarakhand are also to be imparted quality legal education. There is dearth/shortage of law universities. This Court observed that it was not dealing with the policy matter but was dealing with the enactment which has been legislated especially for the establishment of University. The same has not been implemented yet except the prolonged correspondence. The laudable object of the University has been frustrated in the rigmarole of red-tapism. Further the present public interest litigation was pending for last 4 years. The brilliant students of the State have been deprived from getting the standard legal education under the National Law University. Petition allowed.

Tags : NATIONAL LAW UNIVERSITY   UTTARAKHAND  

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