Madras High CourtWP/6487/2021disposed of

R.Aravinth v. The Registrar Cum Chairman,

2021-03-11Honourable Mr Justice B.Pugalendhi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Eleventh day of March Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE B.PUGALENDHI WP No.6487 of 2021 and WMP.No.7068 of 2021 R.ARAVINTH [ PETITIONER IN BOTH THE PETITIONS ] Vs 1 THE REGISTRAR CUM CHAIRMAN, [ RESPONDENTS IN BOTH THE THE TAMILNADU DR. AMBEDKAR LAW PETITIONS ] UNIVERSITY, 3 YEARS L.L.B ADMISSION 2020-21, POOMPOZHIL, 5 DR.D.G.S.DHINAKARAN SALAI, CHENNAI - 600 028.

2 THE SECRETARY, BAR COUNCIL OF INDIA, NO. 21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI 110 002.

3 THE SECRETARY, BAR COUNCIL OF TAMILNADU, BAR COUNCIL BUILDING, HIGH COURT CAMPUS, CHENNAI - 600 104.

4 THE PRINCIPAL GOVERNMENT LAW COLLEGE AT SALEM, MANIYANUR MAIN ROAD, KATHAYAMMAL NAGAR, MANIYANUR, SALEM - 636 002.

Writ Petition filed under article 226 of the Constitution of India praying for issue of a writ of certiorarified mandamus, (i)to call for the records of the first respondent in connection with the petitioner Application No.ALC32003565 for 3 years L.L.B Degree course for Admission 2020-21 published in the website of the first respondent with remarks as Degree Incomplete and quash the same as illegal and consequently direct the first respondent to grant admission to the petitioner in 3 years LLB Degree course 2020 - 21 admission in Salem Law College, Salem (in WP.no.6487/2021)and

(ii)to direct the 1st respondent to reserve one seat L. L. B Degree 3 years degree course for admission 2020 - 2021 for affiliated law colleges in Tamilnadu to the petitioner in Application No. ALC32003565 in the 4th Respondent Law College at Salem, (in WMP.No.7068/2021) pending disposal of the above WP.No.6487/2021 Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.REVATHY, Advocate for the petitioner in both the petitions and of M/S.V.VASANTHAKUMAR, Advocate for the respondent in both the petitions the court made the following order:- This writ petition is filed to direct the first respondent to grant admission to the petitioner in three years L.L.B.Degree Course (2020-2021) in Salem Law College, Salem

2. Mrs.S.Revathy, learned counsel appearing for the petitioner has referred the interim order passed by this Court in W.P.Nos. 2872 & 5870 of 2021 dated 08.03.2021, which reads as follows:- "The learned counsel appearing for the respondents in both the writ petitions submit that as per the regulation, a student can pursue the three year L.L.B.Hons. Degree course only with qualification of 10+2+3. However, in this case, the petitioners instead of +2 (Higher Secondary), have pursued polytechnic and thereafter, completed their Engineering degree by a regular course. It is the situation, which did not arise so far and this matter is likely to be listed before the General Council for approval. In view of the Covid-19 pandemic situation, the General Council meeting is held once in a month and therefore, the learned counsel submits that he needs some time to get written instructions in this regard.

2. This Court, by order dated 23.02.2021 has directed the respondents to keep one post vacant and the counselling is also likely to start on 09.03.2021 and 10.03.2021. The learned counsel for the petitioners submits that in some of the colleges course have been commenced and the students are attending classes and if the petitioners application is not processed in the meantime, then they may not be having sufficient attendance for this academic year.

3. The petitioners have studied upto 10th standard and instead of +12, they have persued studies in polytechnic and thereafter, completed Engineering Degree and applied for three year L.L.B.Hons. law course. It appears that the petitioners have completed the courses on regular basis. However, they have completed degree without studying +2, instead they studied polytechnic, a diploma course for three years. It is informed that the issue has also been referred to the Bar Council of India and a decision has to be taken by them.

4. Considering the rival submissions made, there shall be an interim direction, directing the first respondent to permit the petitioner for counselling scheduled to be held on 9th & 10th of March, 2021 and admit the students, if they are otherwise eligible, after obtaining the undertaking that the admission is subject to the result of the writ petition. The petitioner shall also be permitted to attend classes and it is made clear that the admission is subject to the result of the writ petition."

3. In view of the above, there shall be an interim direction, directing the first respondent to permit the petitioner for counselling and admit the student, if he is otherwise eligible, after obtaining the undertaking that the admission is subject to the result of the writ petition. The petitioner shall also be permitted to attend classes and it is made clear that the admission is subject to the result of the writ petition.

-sd/- 11/03/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE REGISTRAR CUM CHAIRMAN, THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, 3 YEARS L. L. B ADMISSION 2020 - 21, POOMPOZHIL, 5 DR. D. G. S. DHINAKARAN SALAI, CHENNAI - 600 028.

2 THE SECRETARY, BAR COUNCIL OF INDIA, NO. 21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI 110 002.

3 THE SECRETARY, BAR COUNCIL OF TAMILNADU, BAR COUNCIL BUILDING, HIGH COURT CAMPUS, CHENNAI - 600 104.

4 THE PRINCIPAL GOVERNMENT LAW COLLEGE AT SALEM, MANIYANUR MAIN ROAD, KATHAYAMMAL NAGAR, MANIYANUR, SALEM - 636 002.

+2 C.C. to M/S.S.REVATHY Advocate, Sr.No.1668 Order in WP No.6487 of 2021 and WMP.No.7068 of 2021 Date :11/03/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(18/03/2021)