S.Sridharan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.28232 of 2018 and W.M.P.Nos.32916 and 32919 of 2018 S.Sridharan, S/o.Late.Srinivasan, No.3/383D, Anna Salai, Balu Chetty Chathiram, Kancheepuram District 631 551.

... Petitioner Vs.

1.The Secretary, The Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi, Delhi - 110 002.

2.The Secretary, The Bar Council of Tamil Nadu, High Court Campus, Chennai 600 104.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned resolution dated 09.11.2017 in Resolution No.184 of 2017 and consequential show cause notice dated 13.11.2017 in R.O.C.No.6425 of 2017 of the 2nd respondent, quash the same.

For Petitioner : Mr.R.Prabakar For Respondents: Mr.S.R.Raghunathan (for R1) Mr.R.Singgaravelan Senior counsel for Mr.N.Rajan (for R2)

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) This Writ Petition has been filed challenging the resolution as well as show cause notice issued by the Bar Council of Tamil Nadu, prohibiting the petitioner from practising as an advocate as the petitioner does not possess required qualification and https://hcservices.ecourts.gov.in/hcservices/

obtained PG degree only from Open University. 2.Heard the learned counsel appearing on behalf of both sides.

3.It is not possible to get an Engineering Degree through Open University and even in respect of Arts Courses also it is impossible to get. However, based on the opinion of the then members, the petitioner had been allowed to enrol. Time has come to view this matter seriously, in view of the deterioration in the standards of legal education as well as in the profession. It is settled law that no Writ Petition is maintainable against a show cause notice. The impugned notice is only a show cause notice issued by the Bar Council. Therefore, the Bar Council can proceed with the matter according to law and decide the matter after hearing the petitioner, within a period of three months from the date of receipt of a copy of this order.

4.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar sai To 1.The Secretary, The Bar Council of India, No.21, Rouse Avenue Institutional Area, Near Bal Bhawan, New Delhi, Delhi - 110 002.

2.The Secretary, The Bar Council of Tamil Nadu, High Court Campus, Chennai 600 104.

+1 CC to Mr.R.Prabakar, Advocate sr 55494 +1 CC to Mr.N.Rajan, Advocate sr 55529.

W.P.No.28232 of 2018 VGII(CO) SP(30/10/2019) https://hcservices.ecourts.gov.in/hcservices/