Appointment of Prof Sarabjit as UILS Director challenged

Saurabh Malik

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Chandigarh, June 5

The appointment of Prof Sarabjit Kaur as the Director of University Institute of Legal Studies (UILS) today came under the judicial scanner, with the Punjab and Haryana High Court putting the varsity and its functionaries, among others, on notice.

Further hearing on July 5

After going through the preliminary submissions and taking a note of the contentions, Justice Jagmohan Bansal fixed the case for further hearing on July 5 after counsel appearing for the varsity and other respondents sought time to file reply and address the arguments.

The vacation Bench of Justice Jagmohan Bansal also issued notice regarding stay on the petition filed by Prof of Law Shruti Bedi through senior advocate DS Patwalia with counsel Kannan Malik. She was seeking directions for quashing order dated May 31, whereby respondent – Prof Sarabjit Kaur was appointed as the Director.

Appearing before Justice Bansal’s Bench, Patwalia, among other things, contended that the petitioner had initially moved the High Court by filing a civil writ petition challenging the assignment of “charge of officiating director of respondent-institute” from February 20 to March 28. It was prayed in the petition that regular director might be appointed. The petition was, however, withdrawn because respondent – varsity appointed Prof Sarabjit Kaur as the institute director.

Referring to the legal position, Patwalia further submitted that Rule 16 of the Rules of Legal Education, 2008, framed by the Bar Council of India, made it a clear that a professor having 15-year experience of teaching law might be appointed as the director of any institute imparting legal studies.

Pointing at the facts of the case in hand, Patwalia further submitted that respondent – Prof Sarabjit Kaur was not having any experience of teaching law as she was a professor of Political Science. As such, she could not be appointed as the director of the institute. The appointment had been made in violation of the procedure prescribed by the university itself, he added.

Patwalia further submitted the issues for consideration before the Bench were whether the order dated May 31 appointing Prof Sarabjit Kaur as the director was in violation of the Rules of Legal Education promulgated by the Bar Council of India; and whether the varsity and another respondent were bound to appoint the director from amongst the faculty members that fulfilled the Rules.