Surya Narayanan.N. v. The Bar Council Of Tamilnadu And Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.15006 of 2021 and W.M.P.Nos.15886 & 15888 of 2021 Surya Narayanan.N S/o.T.Narayanan, 11/20, Nehru Nagar 1st Street, Adyar, Chennai 600 020.

...Petitioner

Vs 1.The Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai 600104.

2.The Tamil Nadu Dr.Ambedkar Law University, Chennai 600 028.

...Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records of the 2nd Respondent comprised in "Guidelines to Students" issued by the 2nd Respondent on 15.07.2021 and quash the same as contrary to law, arbitrary, unconstitutional and illegal and consequently direct the 2nd Respondent to conduct the examinations from 19.07.2021 in accordance with the Guidelines issued for the examinations which were conducted in January 2021. For Petitioner : Mr.N.Senthilkumar For Respondents: Mr.C.K.Chandrasekaran Standing counsel (for R1) Dr.A.Thiyagarajan, Senior Counsel for Mr.Vasanthakumar (for R2)

ORDER

(Order of the Court was passed by N.KIRUBAKARAN, J) The Petitioner has come before this Court challenging the "Guidelines to Students" issued by the 2nd Respondent on 15.07.2021 and quash the same and to direct the 2nd Respondent to conduct the examinations from 19.07.2021 in accordance with the Guidelines issued for the examinations which were conducted in January 2021.

2.Heard Mr.N.Senthilkumar, learned counsel appearing on behalf of the Petitioner, Mr.C.K.Chandrasekaran, learned Standing counsel appearing on behalf of the 1st Respondent and Dr.A.Thiyagarajan, learned senior counsel representing Mr.Vasanthakumar, learned counsel appearing on behalf of the 2nd Respondent.

3.Though Mr.N.Senthilkumar, learned counsel appearing on behalf of the Petitioner would justifiably argue that the Android Phone with smart phone features has to be used by the students for attending the examination, but they cannot afford to have such facilities, Dr.A.Thiyagarajan, learned senior counsel appearing on behalf of the Law University would submit that the students can either avail the facilities as per the guidelines issued by the University or they can attend the examination through the e-centres notified by the University or they can come to the College or University for attending the examination, physically.

4.With regard to the issuance of hall tickets are concerned, the learned Senior Counsel appearing on behalf of the 2nd Respondent would assure that the Hall tickets will be uploaded in the website. The undertaking given by the learned Senior Counsel appearing on behalf of the 2nd Respondent would safeguard the interest of all the students.

5.When the learned counsel appearing on behalf of the Petitioner would point out that as the examinations are scheduled to be held within a short period of time (ie.,) within two days, the students may not be aware of the procedure, it is represented by the learned Senior Counsel appearing on behalf of the 2nd Respondent that there is a mock test scheduled to be held tomorrow (17.07.2021), to sensitise the students about the procedure to be followed.

6.In any event, whenever such new procedures are introduced, it should always be done in advance, so that the interest of the students will not be affected in future.

7.With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar sai

To 1.The Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai 600104.

2.The Tamil Nadu Dr.Ambedkar Law University, Chennai 600 028.

W.P.No.15006 of 2021 and W.M.P.Nos.15886 & 15888 of 2021 PL(CO) SP(02/09/2021)