Savitha Karthikeyan v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Savitha Karthikeyan
...Petitioner
Vs.
1. Union Of India Rep. By Its Secretary Department Of Legal Affairs, Ministry Of Law And Justice, 4th Floor A - Wing, Shastri Bhawan, New Delhi 110 001.
2.Bar Council Of India, Rep. By Its Secretary No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi 110 002.
3.Bar Council Of Tamil Nadu And Puducherry, Rep. By Its Secretary, High Court, Gate Number 4 N.S.C.Bose Road, George Town, Chennai 600 104.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to directing the
Respondents 2 and 3 to consider petitioner's representation dated 28/10/2024 and pass orders to enrol petitioner as an advocate with the 3rd Respondent and permit the petitioner to appear for the Exam conducted by the Bar Council of India to practice as an advocate in any part of India. For Petitioner : Mr.S.Sundaresan For Respondent : Mr.M.E.Sarashwathy Central Government Standing Counsel for R1 Mr.S.R.Raghunathan, Standing Counsel for BCI for R2 Mr.C.K.Chandrasekkar Standing Counsel for R3
ORDER
M.S.RAMESH, J.
And N.SENTHILKUMAR, J.
This Writ Petition has been filed to direct the respondents 2 and 3 to consider petitioner's representation dated 28.10.2024 and pass orders to enrol the petitioner as an advocate with the 3rd respondent and permit the petitioner to appear for the exams conducted by the Bar Council of India to practice as an advocate in any part of India.
2. Learned counsel for the petitioner submitted that the petitioner is
graduated with a degree in Common Law (Two-years LLB Accelerated Programme) from the University of Glasgow, United Kingdom, which has been recognized and approved by the Bar Council of India vide Resolution No.BCI/D/4636/2018 dated 27/28.10.2018. Therefore, she made a representation dated 28.10.2024 before the respondents 2 and 3, seeking to enrol the petitioner as an advocate with the 3rd respondent and permit the petitioner to appear for the exams conducted by the Bar Council of India to practice as an advocate in any part of India. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this
Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
5. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents 2 and 3 to consider the representation of the petitioner dated 28.10.2024, seeking to enrol the petitioner as an advocate with the 3rd respondent and permit the petitioner to appear for the exams conducted by the Bar Council of India to practice as an advocate in any part of India, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.
6. With the above direction, this Writ Petition stands disposed of. No costs.
[M.S.R., J] [N.S., J] 24.02.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To 1.The Secretary Department Of Legal Affairs, Ministry Of Law And Justice, 4th Floor A - Wing, Shastri Bhawan, New Delhi 110 001.
2.Bar Council Of India, Rep. By Its Secretary No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi 110 002.
3.Bar Council Of Tamil Nadu And Puducherry, Rep. By Its Secretary, High Court, Gate Number 4 N.S.C.Bose Road, George Town, Chennai 600 104.
M.S.RAMESH, J.
and N.SENTHILKUMAR, J.
Anu
24.02.2025