P.Arulmani v. The Enrolment Committee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2023
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ and WMP.No.28998 of 2023 P.Arulmani .. Petitioner
Versus
1. The Enrolment Committee, Represented by Secretary, Bar Council of Tamilnadu & Puducherry, High Court Building, Chennai - 600 104.
2. The Secretary, Bar Council of Tamilnadu & Puducherry, High Court Building, Chennai 600 104.
3. The Secretary, Bar Council of India, No.21, Rouse Avenue, Institutional Area, New Delhi 110 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, challenging the impugned order dated 21.03.2023 passed by first respondent and communicated by second respondent and consequently quash the same.
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For Petitioner :
Mr.S.Shivram For R1 & R2 :
Mr.C.K.Chandrasekar
ORDER
(Order of the Court was made by R. MAHADEVAN, J.) The challenge made in this writ petition is to the order dated 21.03.2023 passed by the first respondent, in and by which, the application of the petitioner seeking enrolment as an Advocate was rejected and the case was referred to the Bar Council of India under section 26(2) of the Advocates Act, 1961 with the request to place the same before the Legal Education Committee for taking uniform decision for enrolling the law graduates who have undergone 2 years UG in lateral entry.
2.According to the petitioner, he had completed 10th standard in the year 2003. Subsequently, without pursuing +2 course, he had joined 3 year Diploma in Civil Engineering in Karur Polytechnic College, Karur in the year, 2005. Thereafter, he had joined the Bachelor of Arts in Annamalai University as lateral entry directly in the second year of the said course. Later on, he joined 3 year Law Course in Sri R.K.M.Law College, Chittoor and completed course in the year, 2019. Upon receipt of the law degree, he made application 2/6
on 28.11.2020 seeking to enroll him as an Advocate, before the Bar Council of Tamil Nadu and Puducherry, enclosing all the relevant certificates and undertaking affidavits. However, his name was not published in the list of candidates for enrolment. On enquiry, he came to know that his application was withheld by the respondents 1 and 2, on the premise that he had studied in 10+3+2+3 pattern and not in 10+2+3+3 pattern. While so, the petitioner was informed about the decision of the Enrolment Committee dated 21.03.2023, which is impugned herein. Aggrieved by the same, the petitioner is before this court with the present writ petition.
3.However, when the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the respondent authorities to consider his application dated 28.11.2020, and pass appropriate orders, on merits and in accordance with law, within a time frame to be stipulated by this court. 4.The learned counsel appearing for the second respondent has no serious objection for granting such relief to the petitioner. 3/6
5.In view of the limited relief now sought by the learned counsel for the petitioner which has not been seriously opposed on the side of the respondent authorities, this court, without expressing any opinion on the claim made by the petitioner, directs the respondent authorities to consider the petitioner's application dated 28.11.2020 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.M.D., J.) (M.S.Q., J.) 07.11.2023 av Internet : Yes / No Index : Yes/No To
1. The Secretary, The Enrolment Committee, Bar Council of Tamilnadu & Puducherry, High Court Building, Chennai - 600 104.
2. The Secretary, Bar Council of Tamilnadu & Puducherry, High Court Building, Chennai 600 104.
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3. The Secretary, Bar Council of India, No.21, Rouse Avenue, Institutional Area, New Delhi 110 002.
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R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J av and WMP.No.28998 of 2023 07.11.2023 6/6