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S. M. SUBRAMANIAM, C. KUMARAPPAN
J. C. Murugan – Appellant
Versus
Bar Council of India, Represented by its Secretary, Tis Hazari Courts, Delhi – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records relating to the impugned reference/order dated 06.07.2018 passed by the 3rd respondent enrolment committee, quash the same and direct the respondents to admit and enroll the petitioner as an advocate on the rolls of Bar Council of Tamil Nadu and Puducherry within the time that may be fixed by this Court.
The reference made by the Enrollment Committee of the Bar Council of Tamil Nadu and Puducherry under Section 26(2) of the Advocates Act is sought to be quashed in the present writ proceedings.
2. The petitioner submitted an application for enrollment. The Bar Council of Tamil Nadu referred the matter to the Enrollment Committee. The Committee passed an order stating that the petitioner is not eligible for enrollment, in view of the fact that he studied law course, when he was holding the regular post of Village Administrative Officer, which is a Tamil Nadu Government Service.
3. The Enrollment Committee rejected the application submitted by the petitioner and referred the matter to the Bar Council of India under Sect
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 pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
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.
A writ of mandamus is not maintainable when the matter has already been adjudicated by the appropriate authority.
The court affirmed that pending criminal cases can disqualify candidates from enrollment as advocates, emphasizing the need for integrity in the legal profession.
Section 38 of the Advocates' Act, 1961 establishes a mandatory appellate process to the Supreme Court for aggrieved parties in Bar Council proceedings, which must be adhered to instead of seeking wri....
The court established that legal provisions cannot retroactively invalidate enrolments completed before the enactment of new educational rules.
The court mandated strict scrutiny of advocate enrollment applications, particularly for those with pending criminal cases or bogus qualifications, emphasizing the need for integrity in the legal pro....
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