Pass llb degree
abhinav
(Querist) 14 October 2011
This query is : Resolved
sir,
my brother has completed his LLB degree without taking permission from his employer.is he is eligible for bar registration after giving resign and taking relieving letter?is his degree is valid?is he is eligible to write judicial service exam?is there any supreme court ruling which is relating to this case?what is the significance of col.mukul dev vs uoi case?
thanks
prabhakar singh
(Expert) 14 October 2011
After resigning from current employment and having got the relieving letter he can seek registration ,nothing shall come into his way either in practice or in writing exam for judicial services.
col.mukul dev vs uoi case,has nothing to do on facts you have stated.Is your brother Armed force employee???
Shailesh Kr. Shah
(Expert) 14 October 2011
I completely agree with views of Shri Prabhakar Singh.
adv. rajeev ( rajoo )
(Expert) 14 October 2011
If he wants to practice or to go for judiciary exams first he has to resign from his job.
Sankaranarayanan
(Expert) 14 October 2011
yes i too agreed with all experts opinion. during enrollment they need the affidavit related to his employment, so better to resign the job ready and then go for enrollment under bar of concern state.
Vijayarajan
(Expert) 14 October 2011
Please examine whether he had taken any kind of leave during the period of course and examinations. I had a case that one employee who had field duty attended class and submitted diary to his department and took his LL B. Finally he had to give up his degree.
Chanchal Nag Chowdhury
(Expert) 14 October 2011
There is no bar to appearing in the exams. However,if he is in Govt. job, leave of the govt, is necessary for joining the judicial service.
abhinav
(Querist) 15 October 2011
thanks all of you sir,
but i am having one doubt reg, can member of interview board put objection for doing llb without permission from employer by my brother?how he will defend himself?he did used all his EL/CL for his exam.apart this is there any supreme court ruling available related to my brother problem?so that he can put himself in defend position after resigning his govt job.please advice .thanks
Shailesh Kr. Shah
(Expert) 15 October 2011
yet, you are not answered of question of Shri Prabhakar Singh.
R.Ramachandran
(Expert) 15 October 2011
Dear Mr. Abhinav,
Even in Col. Mukul Dev's case, he was only considered as a LL.B. Graduate. There again, Mr. Mukul Dev himself conceded that he cannot get himself enrolled as an 'Advocate' with any of the Bar Councils for he did not fulfil the 2/3 attendance requirement.
Once on the basis of the deficiency of attendance he cannot get himself enrolled as an 'Advocate' the further question whether he could have got himself enrolled as an 'Advocate' when he had not obtained prior permission from his department for pursuing a regular Degree Course never arose.
In your brother's case, unless your brother had obtained necessary permission from his department for pursuing a regular degree course, which requires 2/3rd (i.e. 66%) attendance, he cannot successfully prove that he both attended the Course as well as attended duty simultaneously. Taking EL/CL only for the period of examination is not enough. What about the fulfilment of attendance? Therefore, your doubt about any objection being raised is very much genuine. In fact there is a column in the Enrolment Form about the previous employment. Your brother cannot hide the facts. Further more, if only your brother had disclosed that he was already in the employment, the University/College would not have permitted/admitted him to the course but for his producing the Permission from his department.
It would not be advisable for your brother to leave the existing government job in anticipation of successful enrolment. No Court will come to the rescue of your brother and there are no case laws on the subject.
After retirement, your brother can try to get enrolment, if the rules of enrolment permit him at that point of time.
abhinav
(Querist) 17 October 2011
thanks all of you sir,
but i am having one doubt reg, can member of interview board put objection for doing llb without permission from employer by my brother?how he will defend himself?he did used all his EL/CL for his exam.apart this is there any supreme court ruling available related to my brother problem?so that he can put himself in defend position after resigning his govt job.please advice .thanks
R.Ramachandran
(Expert) 17 October 2011
Dear Mr. Abhinav,
Nobody can predict whether such a question would be put by a member of interview board or not.
But, if such a question is put, certainly your brother does not have a proper and satisfying answer.
I have already indicated to you in my earlier reply that simply taking EL/CL for examination alone is not enough.
He should also indicate as to how did he pursue his regular LL.B. course while being in regular government employment. Obviously, he cannot be physically present simultaneously at two different places - one at his office and another at his college! Had he taken the permission from his office that would have been a completely different story.
In any case, you have not indicated as to what is your brother's college attendance percentage?
RAJU O.F.,
(Expert) 17 October 2011
If you did not disclose your employment while joining the course, or if you had given false statement that you are unemployed, while joining the course, then it is advisable don't resign the present job, in order to try for enrollment as lawyer.
abhinav
(Querist) 13 January 2012
thanks
sir, for the above if my brother tells his employer that he has completed his LLB Degree and due to unaware about prior permission he could not take permission then in that case what type of penalty central govt department can imposed?
whether increment cut? or he has to resign?
or if increment cut then after that whether
he will be applicable for judicial services exam through proper channel based on his LLB Degree? as punishment has been fulfill so his department will accept his LLB Degree for his service book?
R.Ramachandran
(Expert) 13 January 2012
If your brother can get any permission letter (back dated) from his employer, permitting him to join / giving no objection for his joining a law course, there is a chance. Otherwise, even by getting punishment, as you suggested, the irregularity cannot be rectified.
abhinav
(Querist) 25 February 2012
for vijay rajan sir ,
kindly give detail of that case.in our case attendance register was not available during that course, punch card was installed in jan 2011 only.BL Course period was Dec 2008 to may 2011.
thanks
