Pleading by Power of Attorney Agent on behalf of parties.

M. Natesan, J.

1. The Writ Petition, the dismissal of which at the admission stage has given rise to this appeal, failed at the outset without an examination of the merits of the case for want of representation before the Court at the hearing for admission either by the Petitioner in person or by an Advocate duly authorised. A person, D.A.S. Swami, as the power of attorney holder from the Petitioner, would plead her case at the hearing for admission, and sought to do so before us at the hearing for admission of the appeal. The short question is whether this is permissible.

2. The actual petitioner, whose rights are agitated in the Writ Petition, is one D. Sornam, and the question involved is the rejection of her application to the Medical College as a Science Graduate on the ground that she is only a Home Science Graduate and so not qualified for admission under Rule 1 (e) of the Rules of the Government for admission to the Medical College. The Writ Petition is filed by her power of attorney holder D. A.S. Swami. Even the affidavit in support of the application, is sworn to by this D. A.S. Swami who, describes himself as a lawyer and the petitioner's power of attorney holder. He is the holder of a law degree and we take judicial notice of the fact that he has been removed from the rolls of the High Court on account of some professional irregularities. Manifestly he cannot claim to appear for a suitor as a Pleader or Advocate. But it is interesting to note that the general power of attorney which has been filed in this case, describes him as a lawyer and this is a matter which we would like the Bar Council to examine, as we find that this D. A.S. Swami has sought appearance in Courts in more than one case as power of attorney holder for the party. In this case, the Writ Petitioner is no doubt the niece of D. A.S. Swami and she, who is very much a major, aged about 23 years, describes him as her statutory guradian after the demise of her father in 1963. But we find that, in one case referred to by D. A.S. Swami himself in his grounds of Writ Appeal, as power of attorney holder from an accused in a criminal case, he displaced a practising Advocate who was appearing for the accused and sought to intervene in the proceedings.

3. The power of attorney presented in this case runs in those terms:

I, D. Sornam, daughter of Dr. D. A. Dandayuthapani B.A., M.B.B.S., aged 23, residing at 33, Habibulla Road, T. Nagar, Madras-17, hereby authorises, empower and appoint Mr. D.A.S. Swami, B.A.B.L., Lawyer, agent, Supreme Court, Mr. D.S.S. Manian, B.A.B.L., B. command T.J. A. and Co., Lawyers consisting of the former two partners only, all residing a the same address to be my agents and to represent us jointly or severally in every respect for all purposes connected with my admission as Medical student in Government and other Medical Colleges; to take all proceedings in all Courts and before all authorities in India. In ratification in writing of all the proceedings which were certainly taken at my instance by Mr. D. A.S. Swami and as my guardian under the statutory rule for such admission in W.P. No. 1481 of 1966 in the High Court, Madras, as well as of Writ Appeal filed against the order dated 17th April, 1968 in C.M.P. No. 5849 of 1968, I further authorise the said agents to file appeals against the orders dated 27th April, 1968 in W.P. No. 1481 of 1966 and C.M.P. No. 9701 of 1968, to file fresh W.Ps. as also to sign, verify and swear to all pleadings, affidavits and other proceedings in all Courts and before all authorities, for further prosecution of all remedies whatsoever.

I hereby confirm the interest of Mr. D.A.S. Swami as my paternal uncle and abovesaid statutory guardian from the demise of my father in 1963, and the interest of Mr. D.S.S. Manian as my cousin brother.

4. When the power-of-attorney holder sought to address us on the merits of the case, we pointed out to him that there are obstacles to his having an audience, before Co