IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.06.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P.Nos.30324, 30326, 30325, 30327, 30328, 30799 & 30800 of 2017 , 31206, 31534, 31558, 31572, 31637, 32044, 32109, 33251 & 33253 of 2018;

699, 703, 707, 710, 2194, 4243, 4370, 4914 & 8965 of 2019 and W.M.P.Nos. 33058, 33059, 33062, 33063, 33060, 33061, 33064, 33065, 33066, 33067, 33725 & 33726 of 2017; 36408, 36410, 36746, 36748, 36784, 36780, 36798, 36800, 36875, 36877, 37293, 37294, 37371 & 37374 of 2018;

769, 772, 776, 785, 2438, 2436, 4771, 4789, 4908, 4911, 5603, 5604, 10137 & 10136 of 2019.

[W.P.No.30324 of 2017 and W.M.P.Nos. 33058, 33059 of 2017]

S.Sudharsan ... Petitioner Vs.

1. The Bar Council of India, Rep. by its Secretary, New Delhi.

2. The Bar Council of Tamil Nadu & Pondicherry, Rep. by its Secretary, High Court Buildings, Chennai-600 104. ... Respondents P rayer in W .P.No.30324 of 2017 : - Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings bearing Resolution No.184 of 2017 dated 09.11.2017 and Ref: R.O.C. No.6362 of 2017 dated 11.11.2017 of the 2nd respondent herein and quash the same in so far as it relates to the petitioner herein and consequently forbear the respondents herein from, in any manner, interfering with the the petitioner's right to practice as a Lawyer.

For Petitioners in W.P.Nos.

30324, 30326, 30325, 30327, 30328 of 2017 : M/s.AL.Ganthimathi, Senior Counsel for Mr.AR.Karthik Lakshmanan For Petitioner in W.P.No.30799 & 30800 of 2017 : Mr.G.Padmanapan For Petitioners in W.P.Nos.

332551 & 33253 of 2018 : Mr.Syed Anwar Ahamed For Petitioners in W.P.Nos.

699, 703, 707 &

710 of 2019 : M/s.A.Kalaiselvan For Petitioners in W.P.Nos.

4914 of 2019 : Mr.A.Jaishankar For Petitioners in all other Writ Petitions : Mr.A.Ramesh Manikandan For Respondent in W.P.Nos.

30799 & 30800 of 2017 : Mr.M.R.Jothimanian.

For Respondents in all other Writ Petitions : Mr.S.R.Raghunathan (for R1);

: Mr.M.R.Jothimanian (for R2).

COMMON ORDER

(Order of the Court was delivered by S.M.Subramaniam J.)

All the writ petitions have been filed challenging either the show cause notice or the resolution passed by the Bar Council of Tamil Nadu &

Pondicherry.

2. The validity of the degrees and the law degrees obtained by the candidates, submitted application for enrolment, are questioned by the Bar Council of Tamil Nadu & Pondicherry, and the Bar Council of India.

3. The degrees obtained by undergoing regular pattern of education alone is considered as a valid degree by the UGC as well as by the Hon'ble Supreme Court of India. Degrees obtained without undergoing the regular pattern of education is declared as invalid. Verifying the correctness and genuinity of the degree, is to be done by the respective Bar Council on receipt of applications seeking enrolment. The Bar Council of Tamil Nadu & Pondicherry is empowered to scrutinize the application and form an opinion whether the applicant is eligible for enrolment in the State Roll or not. In the event of forming an opinion that the applicant is not eligible for enrolment, the application is to be referred to the Bar Council of India under Section 26(2) of the Advocates Act for forming an opinion and only on receipt of the opinion from the Bar Council of India, the Bar Council of Tamil Nadu & Pondicherry has to take a final decision regarding enrolment of the candidate.

4. The procedures, as contemplated under the Advocates Act, is to be followed scrupulously on receipt of applications from the candidates seeking enrolment.

5. The respective learned counsel appearing on behalf of the writ petitioners would submit that the degrees obtained by the writ petitioners are valid for enrolment. However, we are not inclined to go into the validity, invalidity or the genuineness of the degree possessed by the candidates submitted applications se