IN THE HIGH COURT OF JUDICATURE AT MADRAS
Indira Banerjee, R. Subbiah, Abdul Quddhose, JJ.
G.S. Jagadeesh – Appellant
Vs.
The Chairman, 3 Year LL.B. Admission, 2016-2017 The Tamil Nadu Dr. Ambedkar Law University – Respondent
W.P. No. 32984 of 2016
Decided On : 13-03-2018
Advocates Act, 1961 - Sections 4, 5, 6 and 7 – Educational - This writ petition is directed against refusal of authorities of tamil nadu dr ambedkar law university to admit petitioner to three year LLB course - Short question involved in this writ petition is whether a student can be denied admission to three year LLB course only on ground that he had cleared secondary school leaving certificate examination privately - It is case of petitioner that he studied after which he discontinued school education - He cleared secondary school leaving certificate examination privately - After which petitioner passed higher secondary court certificate examination by attending regular school - Thereafter petitioner joined BBA in VLB college of arts and science - He graduated securing marks - Advocates Act was enacted to amend and consolidate law relating to legal practitioners and to provide for constitution of bar councils and an all india bar - Held, We are also of view that once a recognized university or a recognized board issues a certificate it is not for any other authority to question certificate on ground of ineligibility to obtain certificate until and unless certificate is cancelled by an appropriate authority and/or by a Court of law - To hold otherwise would be to open pandoras box for years later certificates might be questioned on grounds such as inadequate attendance failure to clear internal test examinations and like and it would be impossible for candidates possessing degree and/or certificate to adduce cogent materials and/or evidence to satisfy those questioning certificates - When a regular certificate is granted by a recognized board there is a presumption that candidate was eligible to be conferred certificate - Petitioner was a candidate for admission in session commencing - Since petitioner has wrongfully been denied admission he shall be accommodated in ensuing session of three year law course - Writ petition is allowed.
Indira Banerjee, J.
1. This writ petition is directed against the refusal of the authorities of the Tamil Nadu Dr. Ambedkar Law University, Chennai to admit the petitioner to the Three Year LL.B. Course.
2. The short question involved in this writ petition is whether a student can be denied admission to the Three Year LL.B. Course only on the ground that he had cleared the Secondary School Leaving Certificate Examination privately.
3. It is the case of the petitioner that he studied up to Class VIII, after which, he discontinued the school education. He cleared the Secondary School Leaving Certificate Examination (10th standard) privately. After which, the petitioner passed the Higher Secondary Court Certificate Examination by attending regular school. Thereafter, the petitioner joined B.B.A. (Computer Applications) in VLB Janikiammal College of Arts and Science, Kovaipudur, Coimbatore. He graduated securing 65.1% marks.
4. 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.
5. 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-
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(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 indigent, 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."
6. 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.
7. The Tamil Nadu State Bar Council has been constituted under Se
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