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Hamilton Alexander (Consultant)     28 June 2013

Hc writ to ban karnataka/ap qualified from practicing in tn

https://www.thehindu.com/todays-paper/tp-national/hc-orders-notice-to-chief-secretaries/article4859269.ece

 

The Madras High Court Bench on Thursday ordered notice to the chief secretaries of Tamil Nadu, Andhra Pradesh and Karnataka governments and the union government on a writ filed seeking ban on enrolment of LLB graduates from other States in Tamil Nadu and restriction on their practise in the State.

Justice N. Kirubakaran impleaded the governments and the various bar associations in the State, besides the UGC and the union law commission among others, based on the petition filed by V. Ramesh, a Madurai based advocate.

“The noble profession of advocates is being polluted as individuals who have not even completed school education enrol themselves as advocates. The holders of LLB degrees, from Andhra Pradesh and Karnataka, most often involve themselves in kangaroo courts, illegal real-estate dealings, police-criminal nexus and other degrading activities”, the petitioner contended.

Mr Ramesh further alleged that the LLB degrees were ‘sold’ by universities in other States.

“The law degree is obtained by people without attending regular college and the examinations are not written by the applicants but by the agents of the brokers”, he claimed.

Most LLB degrees were obtained by producing bogus certificates with the help of brokers and the candidates after enrolling themselves in Tamil Nadu become members of bar associations, he said.

“In the recent 10 to 15 years the number of people entering the legal profession in the State has increased. Most of them are tainted individuals, whose criminal activities brings disrepute to the other lawyers who graduate from Tamil Nadu”, he further contended.

Therefore, he pleaded that the court should direct the Tamil Nadu Bar Council to trace the fake advocates in the State and that the court should constitute a committee headed by a retired high court judge to conduct an inquiry into the enrolment of lawyers, who graduated from other States in the past 10 years.

He sent a representation to the chairman of the bar council on April 3, 2013, but it was not considered, Mr Ramesh claimed.

Justice N. Kirubakaran, who heard the case, ordered notice and adjourned the case by 10 days.



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 1 Replies

Hamilton Alexander (Consultant)     28 June 2013

The quoted lot (ie those in the quoted 10 years list) should come together and file a case in SC to quash this case as it is against the constitutional provisions which guarantees equality. There cannot be such specific discrimination against qualification from certain states. There should not be infringement of one section on another. If awarding degree is the responsibility of an university then leave it to them to do their duty. After joining the profession, if there are few who does not adhere to professional ethics, then there are provisions under the Advocates Act to complain against then. The Disciplinary Committee will take action accordingly. Instead of using such organised procedures, one should not make sweeping statements that all from certain colleges/universities/states are bad. This sets a bad trend. Hope the concerned take note of this and drop this case. If this advocate has specific complaints, he should take up the matter with State Bar Council and BCI to debar/suspend the concerned advocates than pointing fingers at all.

 

Also, assuming that few are not attending classes, this point too has lost its relevance in the changing education scenario. These days students' intellect are better that they can study their subjects with minimum supervision. Infact, legal students can gain more practical knowledge under an advocate. Like CA students, LLB students too should be allowed to take exams without going to organised classrooms. Like CA students, LLB students should be allowed to spend more time under an advocate than in classrooms. This will help the students.

 

Apropos, the above writ should be challenged at any cost and dismissed with cost.


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