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2007 DIGILAW 2638 (MAD)

N. T. Radhakrishnan v. The Bar Council of India, rep. by its Secretary, Near Bel Bhavan, New Delhi & Others

2007-08-21

N.PAUL VASANTHAKUMAR, SUDHANSU JYOTI MUKHOPADHAYA

body2007
Judgment :- S.J. Mukhopadhaya, J. This Writ Appeal has been preferred by the appellant, who is an Advocate practising in the subordinate courts at Nagercoil, as against the Order dated 24th July, 2000, passed by the learned Single Judge, in Writ Petition No.12324 of 2000, whereby and whereunder, observing that the letter of the Bar Council of India, dated 26th May, 2000, was not addressed to the writ petitioner/appellant, and holding that the Court cannot quash the impugned letter dated 31.05.2000, sent by the Secretary, Bar Association, Nagercoil, the learned Judge dismissed the Writ Petition. 2. As the appeal can be disposed of on the short point viz., whether the third respondent Bar Association has the authority/jurisdiction to declare the appellant ineligible to practise as an Advocate, it is not necessary for us to discuss all other points raised. 3. It is seen that the appellant is a post-graduate in History, having obtained the Degree from Annamalai Open University. He pursued Law Course from Vivekananda College affiliated to Bangalore University. After completing the course in the year 1999, he got enrolled as an Advocate with the Bar Council of Tamil Nadu on 210. 1999, vide Roll No.Ms-1968 of 1999. It appears that he also became a member of the Bar Association, Nagercoil, on 06.04.2000. Whileso, the Secretary, Bar Council of India, in his letter dated 26.05.2000, addressed to the Secretary, Bar Association, Nagercoil, Kanyakumari District, informed that Degrees obtained through four Open Universities in Tamil Nadu viz., Annamalai, Tamil Nadu, Madurai Kamaraj and Bharathidhasan, are not recognised by the Bar Council of India as qualification for admission in three year Law Course and that students holding degrees in Law obtained on the basis of the Graduation Degrees secured from the above referred to Universities are not eligible for enrolment as Advocates. It is also noted in the said letter that the Council has so far recognised M.A. Degree obtained through Open University system of Mysore University alone. As the appellant had completed his post-graduation from Annamalai Open University, which is indicated in the above letter as one of the Universities not recognised by the Bar Council of India, referring to the said letter, the third respondent Bar Association of Nagercoil issued the impugned letter, dated 31.05.2000, which reads as follows:- "THE BAR ASSOCIATION Nagercoil-629 001, KANYAKUMARI DIST. TamilNadu 4. TamilNadu 4. Learned counsel for the appellant has rightly submitted that except the Bar Council of India, no other authority including Bar Associations has the authority to decide as to whether a person enrolled as an Advocate with the State Bar Council is eligible or ineligible to practise in a Court of law. While accepting such proposition, learned counsel appearing for the Bar Council of India and the Bar Council of Tamil Nadu however submitted that the matter relating to the appellant can be looked into by the Bar Council of India with reference to various aspects, including the background in which he pursued the law course and got enrolment. It is admitted that no action has been hitherto taken either by the Bar Council of India or the Bar Council of Tamil Nadu as against the appellant by passing an adverse order and that, as on to-day, the appellant continues to be a practising Advocate on the Rolls of the Bar Council of Tamil Nadu. 5. In the above circumstances, reiterating the proposition that the Bar Association of Nagercoil has no jurisdiction/authority to decide as to whether the appellant, who got enrolment with the Bar Council of Tamil Nadu, is eligible or ineligible to practise as an Advocate, we hold and declare that the observation made in the letter dated 31.05.2000, viz., the appellant is ineligible to practice as an Advocate, is illegal and without jurisdiction. We make it clear that till such time an adverse order is passed against the appellant by the Bar Council of India on the recommendation of the Bar Council of Tamil Nadu, no authority or Court can prevent the appellant from practising in any court of law as long as he remains enrolled with the State Bar Council; and that this order shall not stand in the way of the Bar Council of India and the Bar Council of Tamil Nadu acting in accordance with law on the eligibility of the appellant to practise as an Advocate. The Writ Appeal is allowed with the above observations. There shall be no order as to costs.