Enrolment in bar council

This query is : Resolved 
 

(Querist)
07 November 2017

Sir,
While i was a student of Law College in the year 1987, i entered in govt service, but continued courses as it was evening college and in the same station of my posting (only 5 km distance), appeared exams availing entitled leave. Now, i am going to retire on next 31st Jan.

Wheather in view the judgement of Madraj High Court in P. Ramu vs. The Secretary, Bar council of Tamilnadu, on 20 April, ,2016 in WP(MD) 3731 OF 2011 i would be entitled to enrol in Tripura Bar Council?

Recently, in similar case, the Tripura Bar Council rejected to enrol someone citing the judgement in the above refered W.P. In this case what is the remedy?


Ms.Usha Kapoor (Expert)
07 November 2017

According to latest Supreme court decision ths year person of any age can studylaw and put up law practice. So you can practice after enrolling yourself in Tripura state bar council. There is no impedimenet of age bar as such at least this year.The matter is pending before the SC for finall orders/Judgement.

Isaac Gabriel (Expert)
07 November 2017

No bar for enrolment.you can get enrolled without any difficulty either in age or earlier law degree obtained through evening college study. Wish I all the best in your ambision.

Rajendra K Goyal (Expert)
07 November 2017

You were in the government service and after retirement you want to be enrolled as an advocate.

Bar council should not object. If enrollment refused, discuss with some senior lawyer.

Mihirlal Roy (Querist)
07 November 2017

Please go through the judgement in the WP(MD) 3731 of 2012 of Madras high court referred above and suggest then

Mihirlal Roy (Querist)
07 November 2017

case : P Ramu vs. Secretary , Bar Council of Taminadu in WP(MD) 3732 of 2011

Rajendra K Goyal (Expert)
08 November 2017

Madras High Court
P. Ramu vs The Secretary on 20 April, 2016
(https://indiankanoon.org/doc/148120545/ )
(a) Bar Councils are directed to verify whether the candidates, who apply for enrolment, after crossing 40 year of age, have rightly obtained Law Degree or not. If they had obtained Law Degree, while in service, then they shall not be enrolled.
(b) Bar Councils shall verify the Ration Card, Pan Card and Aadhar Card of the candidates to ascertain their address, social status and their income, at the time of enrolment.
(c) Bar Councils shall get an affidavit from the candidates, who crossed 40 years of age at the time of enrolment stating that they have not obtained law degree while they were in service.

Mihirlal Roy (Querist)
08 November 2017

Yes, in true sense I obtained law degree while in service, though got admitted before entering in service. But, it is not in absentia and / �r fraudulently. It was evening college within 5 k.m.distance of my posting. Beyond office hours I regularly attended classes and appeared exams availing entitled leave. whether my enrolment possible ? For similar cases merely the person concerned obtained degree in service period , though attended classes regularly beyond office hours with no objection certificate from employer, the bar council of Tripura regretted to enrol. What I should do now ?

Mihirlal Roy (Querist)
08 November 2017

Yes, in true sense I obtained law degree while in service, though got admitted before entering in service. But, it is not in absentia and / �r fraudulently. It was evening college within 5 k.m.distance of my posting. Beyond office hours I regularly attended classes and appeared exams availing entitled leave. whether my enrolment possible ? For similar cases merely the person concerned obtained degree in service period , though attended classes regularly beyond office hours with no objection certificate from employer, the bar council of Tripura regretted to enrol. What I should do now ?

Mihirlal Roy (Querist)
08 November 2017

Yes, in true sense I obtained law degree while in service, though got admitted before entering in service. But, it is not in absentia and / �r fraudulently. It was evening college within 5 k.m.distance of my posting. Beyond office hours I regularly attended classes and appeared exams availing entitled leave. whether my enrolment possible ? For similar cases merely the person concerned obtained degree in service period , though attended classes regularly beyond office hours with no objection certificate from employer, the bar council of Tripura regretted to enrol. What I should do now ?

Mihirlal Roy (Querist)
08 November 2017

Yes, in true sense I obtained law degree while in service, though got admitted before entering in service. But, it is not in absentia and / �r fraudulently. It was evening college within 5 k.m.distance of my posting. Beyond office hours I regularly attended classes and appeared exams availing entitled leave. whether my enrolment possible ? For similar cases merely the person concerned obtained degree in service period , though attended classes regularly beyond office hours with no objection certificate from employer, the bar council of Tripura regretted to enrol. What I should do now ?

Mihirlal Roy (Querist)
08 November 2017

Yes, in true sense I obtained law degree while in service, though got admitted before entering in service. But, it is not in absentia and / �r fraudulently. It was evening college within 5 k.m.distance of my posting. Beyond office hours I regularly attended classes and appeared exams availing entitled leave. whether my enrolment possible ? For similar cases merely the person concerned obtained degree in service period , though attended classes regularly beyond office hours with no objection certificate from employer, the bar council of Tripura regretted to enrol. What I should do now ?



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