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Madras High CourtWP/27822/2023disposed of

J.C.Murugan v. The Bar Council Of India

2024-06-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No.31626 of 2023 J.C.Murugan ... Petitioner Vs.

1.

The Bar Council of India, Represented by its Secretary, No.81, Civil Wing, Tis Hazari Courts, Delhi - 110 054.

The Bar Council of Tamil Nadu, & Puducherry, Represented by its Secretary, High Court campus, Chennai - 600 104.

The Enrolment Committee of the Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai - 600 104.

... Respondents Page No.1 of 5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records relating to the impugned reference/order dated 06.07.2018 passed by the 3rd respondent enrolment committee, quash the same and direct the respondents to admit and enroll the petitioner as an advocate on the rolls of Bar Council of Tamil Nadu and Puducherry within the time that may be fixed by this Court. For Petitioner : Mr.P.Mani For R1 : Mr.S.R.Raghunathan For R2 & R3 : Mr. M.R.Jothimanian

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The reference made by the Enrollment Committee of the Bar Council of Tamil Nadu and Puducherry under Section 26(2) of the Advocates Act is sought to be quashed in the present writ proceedings. The petitioner submitted an application for enrollment. The Bar Council of Tamil Nadu referred the matter to the Enrollment Committee. The Committee passed an order stating that the petitioner is not eligible for enrollment, in view of the fact that he studied law course, when he was Page No.2 of 5

holding the regular post of Village Administrative Officer, which is a Tamil Nadu Government Service.

The Enrollment Committee rejected the application submitted by the petitioner and referred the matter to the Bar Council of India under Section 26 (2) of the Advocates Act for passing final orders. In view of the fact that the matter is now subjudice before the Bar Council of India, a decision is directed to be taken and communicate the opinion of the Bar Council of India to the Bar Council of Tamil Nadu for initiating all further actions in the manner known to law.

4.

Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [C.K., J.] 25.06.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.3 of 5

To 1.

The Bar Council of India, Represented by its Secretary, No.81, Civil Wing, Tis Hazari Courts, Delhi - 110 054.

The Bar Council of Tamil Nadu, & Puducherry, Represented by its Secretary, High Court campus, Chennai - 600 104.

The Enrolment Committee of the Bar Council of Tamil Nadu & Puducherry, High Court Campus, Chennai - 600 104.

Page No.4 of 5

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

veda Order in 25.06.2024 Page No.5 of 5