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2018 Supreme(Mad) 2573

IN THE HIGH COURT OF JUDICATURE AT MADRAS
INDIRA BANERJEE, R. SUBBIAH, ABDUL QUDDHOSE, JJ.
M. Ramachandran - Petitioner
Vs.
The Chairman, Law Admissions, 2015-2016, The Tamil Nadu Dr. Ambedkar Law University, Poompozhil, Chennai - Respondent
W.P. No. 32095 of 2015
Decided On : 07-03-2018

Advocates Appeared:
For the Petitioner: Mr. M. Radhakrishnan.
For the Respondent: Mr. M. Nallathambi.

Headnote:

Advocates Act, 1961 – LLB Course – whether a student can be denied admission to the Three Year LL.B. Course in the Tamil Nadu Dr. Ambedkar Law University only on the ground that he cleared the Higher Secondary Examination 5/6 years after his Secondary School Leaving Certificate Examination without going to any recognized school, for attending Classes XI and XII – Held, The language and tenor of Rules 5(a) and 5(b) read with the first proviso and the Explanation make it amply clear that prosecution of a regular course is mandatory only for the immediately previous qualifying certificate and/or degree, for example, graduate degree for the Three Year LLB Course and Senior Secondary Certificate for the Integrated Degree Program. Had the Rules intended otherwise, the Rules would have specifically provided that candidates would not be eligible for admission to the Three Year LLB unless they had obtained the Secondary and Senior Secondary Certificates upon prosecution of studies through a regular course or through distance or correspondence mode. The Bar Council of India has, in its wisdom, chosen to frame rules whereunder prosecution of a regular course is mandatory only in respect of the Senor Secondary Certificate for admission to the Integrated Degree Course and in respect of graduation for admission to the Three Year LLB course - once a recognized university or a recognized board issues a certificate, it is not for any other authority to question the certificate on the ground of ineligibility to obtain the certificate, until and unless the certificate is cancelled by an appropriate authority and/or by a Court of law. To hold otherwise would be to open the pandoras box, for years later certificates might be questioned on grounds such as inadequate attendance, failure to clear internal test examinations and the like and it would be impossible for candidates possessing the degree and/or certificate to adduce cogent materials and/or evidence to satisfy those questioning the certificates. When a regular certificate is granted by a recognized board, there is a presumption that the candidate was eligible to be conferred the certificate –Petition allowed

ORDER :

INDIRA BANERJEE, J.

The short question involved in this writ petition is whether a student can be denied admission to the Three Year LL.B. Course in the Tamil Nadu Dr. Ambedkar Law University only on the ground that he cleared the Higher Secondary Examination 5/6 years after his Secondary School Leaving Certificate Examination without going to any recognized school, for attending Classes XI and XII.

2. The Advocates Act, 1961 was enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All India Bar.

3. Section 4 of the Advocates Act, 1961 (hereinafter referred to as “the said Act”) provides for constitution of the Bar Council of India consisting of members, as specified in the said Section. The functions of the Bar Council of India are enumerated in Section 7 of the said Act, which is set out herein below :

“7. Functions of Bar Council of India. - (1) The functions of the Bar Council of India shall be-

[***]

(b) to lay down standards of professional conduct and etiquette for advocates;

(c) to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each State Bar Council;

(d) to safeguard the rights, privileges and interests of advocates;

(e) to promote and support law reform;

(f) to deal with and dispose of any matter arising under this Act, which may be referred to it by a State Bar Council;

(g) to exercise general supervision and control over State Bar Councils;

(h) to promote legal education and to lay down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils;

(i) to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities [or cause the State Bar Councils to visit and inspect Universities in accordance with such directions as it may give in this behalf];

(ia) to conduct seminars and organize talks on legal topics by eminent jurists and publish journals and papers of legal interest;

(ib) to organise legal aid to the poor in the prescribed manner;

(ic) to recognise on a reciprocal basis foreign qualifications in law obtained outside India for the purpose of admission as an advocate under this Act;

(j) to manage and invest the funds of the Bar Council;

(k) to provide for the election of its members;

(l) to perform all other functions conferred on it by or under this Act;

(m) to do all other things necessary for discharging the aforesaid functions;

(2) The Bar Council of India may constitute one or more funds in the prescribed manner for the purpose of-

(a) giving financial assistance to organise welfare schemes for indegent, disabled or other advocates;

(b) giving legal aid or advice in accordance with the rules made in this behalf;

(3) The Bar Council of India may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.”

4. The functions of the Bar Council of India include promotion of legal education and laying down standards of such education in consultation with the Universities in India imparting such education and the State Bar Councils. As observed above, the said Act, also provides for the constitution of State Bar Councils.

5. The Tamil Nadu State Bar Council has been constituted under Section 5 of the said Act. The functions of the State Bar Councils are enumerated in various sub-sections of Section 6 of the said Act. The functions are as follows :

“6. Functions of State Bar Councils. - (1) The functions of a State Bar Council shall be-

(a) to admit persons as advocates on its roll;

(b) to prepare and maintain such roll;

(c) to entertain and determine cases of misconduct against advocates on its roll;

(d) to safeguard the rights, privileges and interests of advocates on its roll;

(dd) to promote the growth of




























































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