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1980 Supreme(Mad) 359

Madras High Court
ISMAIL,SATHAR SAYEED
L.Meenakshi Sundaram - Appellant
Versus
Director of Legal Studies, Madras Law College - Respondent
Decided On : 09/16/1980

Advocates:
Appellant in person; Advocate General a/b Govt. Pleader, P. Chidambaram and M. Velusami, for Respondents.

B.G.L. Degree obtained things correspondence course and BGL Degree obtained by attending regular classes are different.

Headnote:Advocates Act, 1961-Sections 7, 24-Constitution of India-Articles 14, 19 (i) (g)-Difference between B.G.L. Degree obtained after pursuing correspondence course and B. G. L. Degree obtained by attending regular classes-Held, prescription made by Bar Council of India regarding rules about three years course of study saved by Article 19 (6) of the Constitution.

       

Judgement

ISMAIL, C.J.:- This is an appeal against the order of Mohan J. dated 18-3-1980 dismissing the writ petition filed by the appellant herein, along with two other writ petitions. In the affidavit filed in support of the writ petition the appellant claimed that he is a graduate of the University of Madras, with Economics (Main) and Politics and Indian History (subsidiary subjects) and passed his degree course in 1941; in 1947 he worked as an editorial apprentice in the Hindu, and in 1948 he joined the Mail as a sub-editor, he retired from service as Chief Sub-editor in December 1976; he was closely connected with the trade union movement among working journalists from 1954; and at present he is the President of the National Union of Journalists (India); as an office bearer of trade union of working journalists, he had been appearing before Industrial Tribunals and other tribunals and courts for nearly 25 years; as a working journalist it had become possible for him to acquire

sufficient knowledge of all branches of labour legislation, and that was the reason why he wanted to do better service to the working class by acquainting himself with other branches of law and with that in mind he wanted to study the law degree course to enable him to practice the profession of law and appear in all courts. According to the appellant, he joined the correspondence course for B.G.L. degree conducted by the `Madurai Kamaraj University in 1976-77, and passed the second B.G.L. examination in 1978. Thereafter he applied to the Director of Legal Studies, Madras, for admission to the third year B.L. degree course of the Madras Law College, for the year 1978-79. He did not receive any reply, and, when he approached the Director in person, the latter returned the application stating that he should route the application through the Madurai University, which he did immediately. Even thereafter he did not receive any reply. By that time the B.L. degree course had started in the Madras Law College and students were attending the classes, and therefore, the appellant did not pursue the matter further. Again for the next year the appellant sought admission for the third year B.L. degree course in the Madras Law College, and, according to him, he approached the Registrar, University of Madras, in person and explained the position in this regard, and also gave written representations. The Registrar, University of Madras, on 2-12-1978, addressed a communication to the Director of Legal Studies, with a copy to the appellant stating-

"B.G.L. correspondence degree holders would not be considered for admission to the B.L. degree course of Madras University."

The appellant states that he enquired into the matter and found that there was no statutory prohibition against B.G.L. correspondence course degree-holders from seeking admission to the B.L. degree course. When he pursued the matter further, ultimately, he received a letter from the Director of Legal Studies, Madras, dated 3-10-1979 stating that the request of the appellant for admission to B.L. (Regular) Course could not be complied with in view of the letter of the University of Madras, dated 2-12-1978. The letter dated 2-12-1978 sent by the Registrar of the University of Madras, itself stated-

"I am, by direction, to inform you that the authorities considered the above sub-

ject and decided that candidates who have qualified for the B.G.L. degree after pursuing the correspondence course be not considered for admission to the B.L. degree course in this University."

2. Obviously this letter was based on the resolution of the Syndicate of the University of Madras, dated 8-11-1978. This resolution reads as follows-

"Considered the representations from students, who have acquired the B.G.L. degree of the Madurai University by pursuing the correspondence course, requesting that they may be permitted to join B.L. degree course in the Madras Law College (evening college); also letter D/28-10-1978 from the Acting





















































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