IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2024 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.Nos.29340 & 29341 of 2017 Petitioner in A.Kandaswamy .. W.P.No.29340 of 2017 Petitioner in N.P.Kailasam .. W.P.No.29341 of 2017 Vs.

1. The Bar Council of India Rep. by its Secretary

21, Rouse Avenue Institutional Area New Delhi – 110 002.

2. The Bar Council of Tamil Nadu and Puducherry Rep. by its Secretary High Court Campus Respondents Chennai 600 104. .. in both W.Ps Common Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari, calling for the records in the order bearing R.O.C.No.6362 of 2017 dated 11.11.2017 passed by the respondent No.2 and quashing the same so far as it relates to the petitioner.

For the Petitioners : Mr.M.Radhakrishnan in both W.Ps For the Respondents : Mr.S.R.Raghunathan in both W.Ps for R1 Mr.M.R.Jothimanian for R2 COMMON ORDER (Delivered by the Hon'ble Mr. Justice S.M.SUBRAMANIAM)

Two writ petitions have been filed challenging the show cause notice and the resolution passed by the Bar Council of Tamil Nadu and Pondicherry.

2. The validity of the Degrees and the Law Degrees obtained by the candidates, submitted applications for enrolment, are questioned by the Bar Council of Tamil Nadu and 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 University Grants Commission 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 the applications seeking enrolment. The Bar Council of Tamil Nadu & Pondicherry is empowered to scrutinize the applications and form an opinion whether the applicants are eligible for enrolment in the State Roll or not. In the event of forming an opinion that an 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, 1961, for forming an opinion and on receipt of the opinion from the Bar Council of India, the Bar Council of Tamil Nadu and Pondicherry has to take a final decision regarding enrolment of the candidate.

4. The procedures, as contemplated under the Advocates Act, 1961, is to be followed scrupulously on receipt of the applications from the candidates seeking enrolment.

5. The 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,who submitted applications seeking enrolment. It is for the Bar Council of Tamil Nadu and Pondicherry to verify the correctness and genuinity of the Degrees with reference to the Advocates Act, Bar Council of India Rules, Judgements of the Supreme Court regarding Open University Degrees and etc. Such an exercise must be done by the Bar Council of Tamil Nadu and Pondicherry for taking a decision on merits and in accordance with law.

6. The question raised is regarding the applicability of the case of Annamalai University v. Secretary to Govt., Information & Tourism Dept.¹, decided by the Hon'ble Supreme Court of India, holding that the Open University Degrees are invalid. We are of the considered opinion that the judgement would be applicable prospectively with reference to the applications submitted post-judgement, wherein it is found that the Open University Degrees are invalid. We are not inclined to go into the other aspects of the matter. It is for the writ petitioners to submit all their documents including the judgements, if any, to the Bar Council for consideration.

1 (2009) 4 SCC 590 We made it clear that the Open University Degrees, obtained after the judge