M. Vidhya v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2018

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM AND THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR WP.No.1485/2018 M.Vidhya ..

Petitioner

Versus

The Secretary Office of the Bar Council of Tamil Nadu and Pondicherry, Bar Council Buildings, [High Court campus], Chennai 600 104.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondent to consider the representation dated 10.10.107 to the respondent to verify the petitioner's certificates as she completed the law course before 2008 and follow the order of the Division Bench of this Court in WP.No.5274/2009 dated 16.04.2010 to allow to enroll as an advocate immediately.

For Petitioner :

Mr.M.Balaji For Respondent :

Ms.Selvi George

ORDER

[Order of the Court was made by N.SATHISH KUMAR, J.] By consent, the writ petition is taken up for final disposal. Ms.Selvi George, learned Standing counsel accepts notice on behalf of the respondent.

The case of the petitioner is that she had completed her 5 years B.A., B.L., Course at Trichy Government Law College affiliated to the Tamil Nadu Dr.Ambedkar Law University, in the year 2006. It is her grievance that though she had applied for enrolling herself as an Advocate with the respondent Bar Council during May 2016, she had not been called for the same. In this background, she sent a representation dated 10.10.2017 to the respondent to verify her Certificates to show she had completed

her Law Graduation prior to the year 2008 and since no response is forthcoming, she had filed the present writ petition. The learned counsel for the petitioner would submit that a Division Bench of this Court in WP.No.5274/2009 dated 16.04.2010, held that the Rules of Legal Education, 2008 cannot be made applicable to those persons who had already completed their law course at the time of coming into force of the Rules and also directed the respondent Bar Council to decide the pending applications as well as the future applications. It is his further submission that since the petitioner had completed her Law Degree during the year 2006, she is entitled for enrolling herself as an Advocate and since the representation submitted in this regard, did not evoke any kind of response, the petitioner, left with no other alternative, has approached this Court by filing the present writ petition.

Heard Ms.Selvi George, learned Standing counsel appearing for the respondent on the above submissions and perused the materials placed before this Court. This Court, considering the limited scope of prayer sought for by the petitioner in this writ petition and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 10.10.2017 on merits and in accordance with law and pass appropriate orders as expeditiously as possible and not later than three months from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ap

To The Secretary Office of the Bar Council of Tamil Nadu and Pondicherry, Bar Council Buildings, [High Court campus],Chennai 600 104.

+1cc to Mr.M.Balaji, Advocate, S.R.No.8825 +1cc to Mrs.Selvi George, Advocate, S.R.No.8940 WP.No.1485/2018 RRK(22/02/2018)