aatma 15 December 2009

Many Advocates Going to Lose their Status in Tamilnadu

Bar Council of Tamil Nadu de-registers 100 advocates

CHENNAI: The Bar Council of Tamil Nadu (BCT) has notified that 100 advocates, who have obtained postgraduate degree without undergoing basic degree course and formal 12 years of schooling, have been removed from the council rolls.

The enrolment committee chairman, D. Selvam, said those who were de-registered had enrolled themselves in 2008. Verification of certificates of others was on, he said.

The council had already rejected the application for enrolment of 34 persons, Mr. Selvam said.

In February 2008, a Division Bench of the Madras High Court declared the M.A. degree, obtained through the open university system without undergoing basic graduation course and formal 12 years of school education as invalid.

During the pendency of the appeal before the Supreme Court, a few candidates, who obtained post-graduate degree without undergraduation and formal school education, applied for enrolment, but the BCT had declined to enrol them.

Some of them filed writ petitions and the High Court issued interim direction to enrol the candidates subject to the outcome of the appeal before the Supreme Court.

Accordingly, the candidates were enrolled.

In February this year, the Supreme Court upheld the Madras High Court judgment.

Therefore, the matter had reached the finality, the BCT said in its notification.

Reply Follow

7 Replies

Daksh (Student) 15 December 2009

Dear Aatma,

Yes it is unfortunate but there is another side to this. As per the norms of the UGC and Bar Council of India the minimum percentage for seeking admission to LL B happens to be 40% hence the logic holds its ground. On the other side I did some research and in one of the judgement Justice Jaspal Singh in a matter concerning admission in LL B stream of Delhi University held that even if the students who have applied for the course did not fulfilled the bare minimum requirement "LET THE UNIVERSITY POLISH THEM INTO GEMS".

My point here is that factually if by any account the Bar Council has registered these brethrens names into the Rolls then thereafter there should not be a hue and cry. My sincere suggestion is that Collectively let a Writ Petition be moved and there should be a moratarium period during which the option may be granted to these person to again opt for the examination and get the requisite mark. There licences should not be cancelled but be kept in abeyance for giving them one opportunity. I don't think that any body should have any problem with this and more importantly their seniority shall be maintained for all practical purposes.

Thanks and best regards

Daksh

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 15 December 2009

it's not 100 but 1000. I am worrying what those persons are going to do and also how they are going to win their bread hereafter. it may be implemented with prospective effect but not with retrospective effect.

shamina sayed (Advocate) 10 January 2010

dear ,

i feel it is a very smart and intelligent decision.this decision should have been taken much earlier.well,late but true.I agree supreme courts decision.All the so called advocates name are bound to be removed.This will filter the quality people and unqualifieds.Also some bogus people will also be washed away!good!! I welcome this with true heart. I feel that all state bar council should adopt this measures to STOP the nonsence from continuing from our society

Bala.S.Mon (Advocate) 11 January 2010

Dear Friends,

The Law Degree obtained by Chennai advocate is a valid degree and it is not questioned by anybody nor has the University which accorded the said degree recalled it. So the law degree obtained by the advocates is valid even as on today,

The Bar Council has misinterpreted the decision of the Hon’ble Supreme Court. The issue that has been dealt with by the Supreme Court pertains to promotion to the post of Principal in an institution. Even there the Hon’ble Supreme Court has not invalidated the appointment of the candidate. And also this is the matter of estoppel.

The action of Bar Council of Tamilnadu is challenging the right guaranteed under Art. 21 of the Constitution of India.

And the quality of the advocate is coming on the basis of practise

Thanks

harish prabhu (advocate) 11 January 2010

In my opinion, there is much difference between academic law and practical, anyhow a writ petition will be filed for this, if they are good enough to continue as advocates then they will definitely win the petition for themselves, isn't it........i have seen advocates who got through their studies well but are dumb in their profession.........

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 12 January 2010

A DEGREE AWARDED BY ANY RECO. UNIVERSITY IS A DEGREE AT FAR WITH ALL DEGREES.HOW CAN WE DISCRIMINATE OPEN/REGULAR/DISTANCE ETC., IT IS AGNAOST TO THE INDIAN CONSTITUTION 1950.