Research › Search › Judgment

Madras High Court · body

2024 DIGILAW 1316 (MAD)

A. Gnanasekar v. Secretary, Bar Council of India, New Delhi

2024-06-18

C.KUMARAPPAN, S.M.SUBRAMANIAM

body2024
ORDER : Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the 2nd respondent dated 25.07.2016 in T.N.E.C.R. No. 4 of 2015 communicated to the 1st respondent on 30.11.2016 quash the same. 1. The order of the Enrolment Committee of the Bar Council of Tamil Nadu and Puducherry dated 25.07.2016 in the T.N.E.C.R. No. 4 of 2015 is under challenge in the present writ petition. 2. Based on the complaint, action was initiated by the Bar Council of Tamil Nadu and Puducherry to test the validity of the enrolment of the writ petitioner in the “State Rolls.” The allegation against the writ petitioner was that he had undergone the regular law course, while serving as a Commerce Teacher in a school, which is a disqualification for enrolment. 3. The learned counsel for the petitioner would oppose by stating that he was taking classes as part-time teacher in the school. Therefore, he cannot be disqualified for enrolment. 4. Mr. C.K. Chandrasekar, learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit that the application has already been sent to the Bar council of India for disposal under Section 26 of the Advocates' Act. The application referred by the Bar council of Tamil Nadu is pending for consideration before the Bar council of India. 5. At this juncture, we are not inclined to adjudicate the disputed facts between the parties. Such disputed facts are to be adjudicated with reference to the documents and evidence available on record. Thus, the petitioner is at liberty to submit all his documents along with the statement of defence, if any to the Bar Council of India for the purpose of consideration. The petitioner is at liberty to raise all the grounds including all the legal grounds. It is for the Bar council of India to adjudicate the issues and decide the matter on merits and in accordance with law. Since the matter is pending for along years, the Bar Council of India/1st respondent is requested to expedite the hearing and pass final orders as expeditiously as possible. 6. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.