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S. M. SUBRAMANIAM, C. KUMARAPPAN
R. Nagarajan – Appellant
Versus
Secretary, Bar Council of India, New Delhi – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to allot the enrollment number to the petitioner (PR No.1222985) based on the enrollment conducted on 01.09.2023 through virtual mode, within the time as may be fixed by this Court.
The writ of Mandamus has been instituted to direct the 2nd respondent to allot the enrollment number to the petitioner (PR No.1222985) based on the enrollment conducted on 01.09.2023 through virtual mode.
2. The petitioner admittedly under went one year B.A. Degree course, which cannot be construed as regular pattern of education as contemplated under the University Grants Commission (UGC) Regulations.
3. Mr.M.Muthappan, learned counsel for the petitioner would submit that one year B.A degree obtained by the petitioner is to be considered for the purpose of enrolment by the Bar Council of Tamil Nadu and Puducherry. The Bar Council of Tamil Nadu and Puducherry filed a report stating as follows;
The court established that compliance with educational qualifications as per the Bar Council of India and UGC regulations is mandatory for enrollment in the Bar, and candidates have the right to appe....
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
The Bar Council of India has the authority to adjudicate disputes regarding the enrolment of advocates, and the court will not intervene in disputed factual matters pending before it.
The court established that legal provisions cannot retroactively invalidate enrolments completed before the enactment of new educational rules.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
Full disclosure of criminal involvement is essential for enrollment as an Advocate, and failure to disclose such information can lead to dismissal of the application.
The court affirmed that pending criminal cases can disqualify candidates from enrollment as advocates, emphasizing the need for integrity in the legal profession.
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