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In the recent controversy related to law colleges was brought to the notice of the Bar Council of India (BCI) by the Supreme Court where it had asked the council to endow district-wise data in order take a count as to a number of law colleges that can be sanctioned to function in a particular state. This matter was handled by Justice Arun Mishra and Justice Mohan M. Shantanagoudar who insisted the BCI to produce a list of colleges which are approved by BCI in different states and file a detailed affidavit for the same.
The issue come into light in the appeal before the Supreme Court, filed by the State of Tamil Nadu which had challenged a verdict passed by the Madras High Court where the Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, 2014 was repealed for the purpose of being illegal, unconstitutional and ultra vires.
It was noticed that the aforesaid act had directly infringed the fundamental right to carry on trade, business, and occupation as per Article 19(1) (g) of the Constitution of India. The High Court had then pointed pout that "The Right to establish and govern a private unaided educational institution which is a personal freedom and opportunity and it is constitutionally protected". The state of Tamil Nadu preferred an appeal against the said order in the Supreme Court of India.
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