J.Vishnu Vardhan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.09.2023
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ J.Vishnu Vardhan .. Petitioner Vs.
1.The Chairman Enrollment Committee - Bar Council of Tamil Nadu and Puducherry High Court Campus Chennai 600 104 2.Bar Council of Tamil Nadu and Puducherry Rep. by its Secretary High Court Campus Chennai 600 104 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to process the petitioner's application numbered as PR/2023/22851 for enrollment as an Advocate which has been uploaded on 17.07.2023 by considering the petitioner's meritorious academic achievements, within stipulated time. For Petitioner : Mrs.Hema Sampath Senior Counsel for Mr.S.Senthil For Respondents : Mr.C.K.Chandrasekar 1/5
ORDER
(Order of the court was made by R. MAHADEVAN, J.) This writ petition has been filed seeking a direction to the respondents to process the petitioner's application numbered as PR/2023/22851 for enrollment as an Advocate, which has been uploaded on 17.07.2023.
2. It is the case of the petitioner that after completion of law degree in the year 2023, he uploaded his application for enrollment as an Advocate on 17.07.2023 in the Bar Council of Tamil Nadu and Puducherry, enclosing all the relevant documents and it was numbered as PR/2023/22851. However, the same was pending without any progress. On enquiry, the petitioner was informed that his application for enrollment was rejected by the Enrollment Committee, on the ground that the petitioner being a partner of the firm by name "Constronics India" was arrayed as A-9 in Coimbatore V&AC Crime No.5/2022/AC/CB for the offences under Sections 13(2) r/w 13(1)(e), 13(2) r/w 13(1)(e) r/w 109 IPC, 13(2) r/w 13(1)(b) r/w 12, 13(2) r/w 13(1)(b) of the Prevention of Corruption Act, 1988 and Section 120-B IPC on 14.03.2022. Therefore, the petitioner is before this court with the present writ petition for the aforesaid relief.
2/5
3. The learned senior counsel for the petitioner submitted that the petitioner was the then Partner of the firm holding a minor share of 10% share and the said firm was subsequently, dissolved by a Dissolution Deed dated 31.01.2020. Hence, the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in the criminal case. It is also submitted that the petitioner is a meritorious candidate and has excellent record in academics. Stating so, the learned senior counsel submitted that it would suffice, if a direction is issued to the respondents to consider the petitioner's application in PR/2023/22851, on merits and in accordance with law, within a time frame to be stipulated by this court, for which, the learned counsel appearing for the respondents has no serious objection.
4. Considering the limited nature of the relief sought for by the learned senior counsel for the petitioner, which has not been opposed on the side of the respondents, this court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application in PR/2023/22851, which was uploaded on 17.07.2023 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of 3/5
personal hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
[R.M.D,J.] [M.S.Q, J.] gya 05.09.2023 To 1.The Chairman Enrollment Committee - Bar Council of Tamil Nadu and Puducherry High Court Campus Chennai 600 104 2.The Secretary Bar Council of Tamil Nadu and Puducherry High Court Campus Chennai 600 104 4/5
R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
gya 05.09.2023 5/5