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2010 Supreme(Mad) 1758

R.BANUMATHI, M.M.SUNDRESH
K. Sakthi Rani – Appellant
Versus
The Secretary of The Bar Council of Tamilnadu & Others – Respondent


Advocates Appeared:
For the Petitioner:Dr. G. Krishnamoorthy for R. Sankarasubbu, N.R. Chandran, Sr.Counsel for R. Suresh Kumar, V. Raghavachari, Vijay Narayan, Sr.Counsel assisted by K. Gandhikumar, Mrs. Nalini Chidambaram, Sr.Counsel for Ms. C. Uma, T. Murugamanickam, Perumbulavil Radhakrishnan, K. Sridhar, Dr. R. Sampath Kumar, R. Veeramani, T.S. Vijayaraghavan, K. Selvaraj, K. Doraisamy, Sr.Counsel for Kandavadivel Doraisamy, P. Vijendran, J. Franklin, S. Sivakumar, K. Kalyanasundaram, L. Chandrakumar, R. Chellappa, Veerakathiravan, R. Chandrasekaran, S. Subbiah, N. Aravamudhan, R. Subramanian, R. Radha Pandian, Advocates.
For the Respondent:P.R. Gopinathan (U.G.C), R. Thiagarajan, Sr.Counsel assisted by K. Venkatakrishnan (Bar Council of India), P.S. Raman, Advocate General assisted by S.Y. Masood (Bar Council of Tamil Nadu), Ms. D. Geetha (Annamalai University), Manonmaniam Sundaranar University, S. Sethuraman (Madurai Kamarajar University), T.D. Vasu (Dr.Ambedkar Law University), M. Dhandapani, Special Govt. Pleader (W).

Judgment :

M.M. SUNDRESH, J.

In view of the common issues involved in all the writ petitions they have been taken up together for hearing and a common order is passed.

1(A). The above writ petitions are hereby divided into the following three categories:

.(i) Writ petitions challenging the orders of the State Bar Council cancelling and refusing enrollment.

.(ii) Writ petitions challenging the decision of the Bar Council of India holding that the persons with Post Graduate qualification from Open Universities are not entitled to be enrolled in the State Roll.

(iii) Writ petitions seeking a direction to the State Bar Council to entertain the applications for enrollment in the State Roll.

2. In all these writ petitions, the questions arise for consideration are as to whether the persons who studied law without basic degree, but obtained Post Graduate degree in Open Universities are entitled to be enrolled as Advocates and the applicability of Rule 2(8), Rule 4 and Rule 5 of the Legal Education Rules, 2008.

3. Lawis the cement of the society and an essential medium of change. It is said "Law is the king of kings, far more rigid and powerful than the kings. Nothing can be mightier tha






































































































































































































































































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