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Madras High CourtWP/18266/2021dismissed

Dr.Kb Vijayakumar, B.Sc., B.Com., A.M.Ex.A., (London)., v. The Secretary

2021-10-04Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP No.18266 of 2021 Dr.KB Vijayakumar ...

Petitioner/Party-in-Person vs.

1. The Secretary Bar Council of Tamilnadu & Puducherry High Court Campus Chennai - 600 104.

2. Bar Council of India by its Secretary No.21, Rouse Avenue Institutional Area New Delhi - 110 002.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the Bar Council of Tamilnadu and Puducherry and the Bar Council of India to (a) Enrol the applicants whose applications are pending enrolment from 2016 to 2021 for the reasons of seeking documents mentioned in this petition and other than those stipulated by the Advocates Act, 1961 and the Rules of Enrolment prescribed by the Bar Council of India within 15 days from the date of order of this court; and (b) Bar Council of India to issue fresh or re-issue circulars/notifications to all State Bar Councils clearly specifying the documents that must be taken for enrolment of law graduates as Advocates and not to insist on documents that need to be produced only by already enrolled advocates.

For the Petitioner : Dr.KB Vijayakumar Party-in-person

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner is an advocate and has carried this public interest litigation complaining of the perceived inordinate delay on the part of the Bar Council of Tamil Nadu to enrol new members who have applied for a considerable period of time.

2. Upon the court pointing it out that there may not be any element of public interest since the affected candidates ought to complain directly and no vicarious grievance in such regard ought to be received, the petitioner says that the candidates may be scared to complain against the Bar Council, lest the Bar Council resorts to any measure to prejudice them.

3. There is no basis for the petitioner's apprehension that the Bar Council may be vindictive in its action.

4. Even though the petition is not entertained, the Bar Council may do well to take up the applications and dispose of the same as expeditiously as possible.

W.P.No.18266 of 2021 is not entertained on merits. There will be no order as to costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi To:

1. The Secretary Bar Council of Tamilnadu & Puducherry High Court Campus Chennai - 600 104.

2.The Secretary, Bar Council of India No.21, Rouse Avenue Institutional Area New Delhi - 110 002.

WP No.18266 of 2021 sj[co] srg 08/10/2021