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Hamilton Alexander (Consultant)     28 June 2013

Hc writ to ban karnataka/ap qualified from practicing in tn

https://www.thehindu.com/todays-paper/tp-national/hc-orders-notice-to-chief-secretaries/article4859269.ece

The Madras High Court Bench on Thursday ordered notice to the chief secretaries of Tamil Nadu, Andhra Pradesh and Karnataka governments and the union government on a writ filed seeking ban on enrolment of LLB graduates from other States in Tamil Nadu and restriction on their practise in the State.

Justice N. Kirubakaran impleaded the governments and the various bar associations in the State, besides the UGC and the union law commission among others, based on the petition filed by V. Ramesh, a Madurai based advocate.

“The noble profession of advocates is being polluted as individuals who have not even completed school education enrol themselves as advocates. The holders of LLB degrees, from Andhra Pradesh and Karnataka, most often involve themselves in kangaroo courts, illegal real-estate dealings, police-criminal nexus and other degrading activities”, the petitioner contended.

Mr Ramesh further alleged that the LLB degrees were ‘sold’ by universities in other States.

“The law degree is obtained by people without attending regular college and the examinations are not written by the applicants but by the agents of the brokers”, he claimed.

Most LLB degrees were obtained by producing bogus certificates with the help of brokers and the candidates after enrolling themselves in Tamil Nadu become members of bar associations, he said.

“In the recent 10 to 15 years the number of people entering the legal profession in the State has increased. Most of them are tainted individuals, whose criminal activities brings disrepute to the other lawyers who graduate from Tamil Nadu”, he further contended.

Therefore, he pleaded that the court should direct the Tamil Nadu Bar Council to trace the fake advocates in the State and that the court should constitute a committee headed by a retired high court judge to conduct an inquiry into the enrolment of lawyers, who graduated from other States in the past 10 years.

He sent a representation to the chairman of the bar council on April 3, 2013, but it was not considered, Mr Ramesh claimed.

Justice N. Kirubakaran, who heard the case, ordered notice and adjourned the case by 10 days.



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 8 Replies

Hamilton Alexander (Consultant)     28 June 2013

The quoted lot (ie those in the quoted 10 years list) should come together and file a case in SC to quash this case as it is against the constitutional provisions which guarantees equality. There cannot be such specific discrimination against qualification from certain states. There should not be infringement of one section on another. If awarding degree is the responsibility of an university, then leave it to them to do their duty. After joining the profession, if there are few who does not adhere to professional ethics, then there are provisions under the Advocates Act to complain against then. The Disciplinary Committee will take action accordingly. Instead of using such organised procedures, one should not make sweeping statements that all from certain colleges/universities/states are bad. This sets a bad trend. Hope the concerned take note of this and drop this case. If this advocate has specific complaints, he should take up the matter with State Bar Council and BCI to debar/suspend the concerned advocates than pointing fingers at all.

 

Also, assuming that few are not attending classes, this point too has lost its relevance in the changing education scenario. These days students' intellect are better that they can study their subjects with minimum supervision. Infact, legal students can gain more practical knowledge under an advocate. Like CA students, LLB students too should be allowed to take exams without going to organised classrooms. Like CA students, LLB students should be allowed to spend more time under an advocate than in classrooms. This will help the students.

 

Apropos, the above writ should be challenged at any cost and dismissed with cost.

N.K.Assumi (Advocate)     29 June 2013

Thanks, for posting this important writ petition trying to eradicate this evil practise in legal profesion, and not only Karnataka and Andhra Pradesh but it maybe prevailing through out the country. I am told that some senior advocates in some States have even refrain themselves from the profession.  I would appreciate if you up date me on the out come of this Writ petition.Indeed it's a bold move.

K Venkatesan (Advocate)     04 July 2013

 Hope the Hon,ble court will not entertain the writ..It is against the constitutional right of doing profession in any part of the country.

miraclemaa (student)     25 July 2013

 

dear sir,i m doing llb degree@tirupati. now finished stage.wait for reult,it will be almost pass. my problem-  i studied SSLC chennai,no +2 but i done B.com at corresspondence@madras university.then i finished LLB in tirupati. if any problem in my enrollement in tamilnadu barcouncil? some body told that, the latest writ will affect my enrollement. i am in confusion stage.what can i do. my batch was (2007-2010).already one writ order (promisory estoppel) passed by chennai HC on  behalf of open university, states that the legal admission restricted on 2009.i am expecting a clear guidence and oblige..

thanking you sir.

HASANBASHA (Young Advocate)     02 March 2014

I heard that the State Bar Council of Tamilnadu has informed to the other SBCs  especially Bar council of Andhra pradesh and Karnataka that they should not enroll the lawyers in their Bar council  who came from Tamilnadu and completed their LL.B in other states and Tamilnadu Bar council also will not enroll them, If it continues what is the remedy for those who are studying in other states?

Regards

K. Hasan

HASANBASHA (Young Advocate)     04 March 2014

Dear Sir,   

Inan interim judgment that is bound to have serious implications for graduates from law colleges in Andhra Pradesh and Karnataka, the Madras High Court (Madurai Bench) has restrained the Bar Council of Tamil Nadu (BCT) from enrolling them for practicing in the State. Besides, the court has directed the BCT to cancel enrollment of LLB graduates, who had obtained degrees in violation of Rule 28 of Legal Education.

Justice N Kirubakaran passed the interim order while hearing a petition seeking to restrain law graduates from the neighbouring States from enrolling in the Bar Council here. The judge has also directed the Bar Council of India and BCT to find out the violations in the matter of enrolment of LLB degree holders, who had obtained admission into law colleges in the neighbouring States after June 2009. The two bodies must also take appropriate action including suspension of these advocates and cancel their enrollment, after enquiry.

The charge is that many students who joined these colleges did not attend classes but were allowed to writeexaminations and get their degrees.

The BCT counsel, incidentally, expressed doubts regarding the power to suspend and cancel the enrollment of these lawyers.

However, the judge said, “The provision of the Advocate Act states that the Bar Council has got incidental, auxiliary and implied powers to suspend and cancel the enrolment in case of violation and misconduct. Even if it is not provided under the Act, by virtue of Section 16 of the General Clause Act, 1897, the Bar Council of Tamil Nadu has got power.”

Further the judge directed that there person such advocates, Karmegam, Pandi Kamatchi and Joseph Arul Jayaseelan who had enrolled in the BCT despite having criminal records, must be removed from the rolls.

 

Earlier V Ramesh an advocate from Madurai approached the court alleging that some universities in Andhra Pradesh and Karnataka were selling law degrees for a price without imparting legal education to candidates. Hence he sought a writ of mandamus to restrain the LLB graduates from practicing in Tamil Nadu. 

        I need your valuable advice regarding this interim order.

Regards

K. Hasan

https://www.newindianexpress.com/states/tamil_nadu/LLB-Grads-Cant-Join-TN-Bar-For-Now-HC/2014/02/19/article2064923.ece#.UxVPdfmSx21

Maheshwaran   23 October 2016

What is the current status of this case

shrawan (self employed)     30 November 2017

HOW " individuals who have not even completed school education enrol themselves as advocates in a "BAR ASSOCIATION" which is also affiliated to a state bar council? is so called bar association legal? define BAR and ASSOCIATION with conditions to form if any? thanking you.

 

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