At the outset, I sincerely thank you for taking the time to respond to my post. However, I must clarify that I am not merely "telling a story" here. I joined this forum expecting intellectual discourse beyond just the writ jurisdiction, considering it a platform for legal minds. Before I take leave of this forum, I wish to share a few thoughts.
Any fresh law graduate knows that the Supreme Court has writ jurisdiction under Article 32 and High Courts under Article 226. The purpose of my post was to highlight the misadministration and defiance of precedents by the Bar Council of Tamil Nadu and Puducherry (BCTNPY). If landmark judgments of the Hon’ble Supreme Court and High Courts are disregarded, what is their purpose?
Consider a Government Order (G.O.) issued for public benefit—if a public servant refuses to implement it, stringent action is initiated, even against IAS, IPS, IRS, and IFS officers. While an aggrieved citizen can approach the court, government administration still takes action against the violator. If the solution to every issue is merely a writ petition, what is the role of administration? Who will hold the BCTNPY accountable?
The Supreme Court has repeatedly warned bar councils, including its 21st March 2025 ruling, that bar councils have no authority to interfere in legal education. Yet, BCTNPY continues to function as if it is above the judiciary, ignoring clear legal mandates.
Bar Council’s Lack of Integrity
The Co-Chairman of BCTNPY actively participates in Lok Sabha and Assembly elections, appears in TV advertisements for caste-based matrimonial websites, and has a criminal case against him for unlawful assembly—all while holding office in a statutory body. Is this the standard of ethics expected from a regulatory institution? It is evident that some elected members are backed by caste-based groups, ensuring their continued dominance in the Bar Council.
The Response from Senior Advocates
Many senior advocates I approached only displayed their seniority instead of providing any practical remedy beyond suggesting a writ petition. Seniority must come with responsibility. During my 39 years of devoted government service, I handled highly sensitive matters, including elections and legal counter-affidavits, ensuring that even the most marginalized citizens received justice. In public administration, non-compliance with a G.O. results in strict disciplinary action, including suspension, charge-sheeting, and even dismissal.
The Illusion That Writ Petitions Are a Quick Remedy
The claim that “a writ petition is not a long-drawn legal case” does not stand the test of reality. Consider the Karnataka High Court case in which the writ was filed in 2018, but the final judgment came only in 2024. The legal system is burdened with delays, and a writ petition is often not an immediate solution.
Moreover, if I file a writ petition and secure my enrolment, should every applicant facing similar injustice be forced to file a writ? Is there no mechanism to hold BCTNPY accountable for its unlawful conduct? Should each and every case require judicial intervention while BCTNPY continues its unchecked violations?
The Larger Issue – Who Will Bell the Cat?
If I secure enrolment quietly through a court order, who will highlight this systemic failure to the judiciary? Who will ensure that future applicants are not subjected to the same ordeal? Should we remain silent while BCTNPY continues its arbitrary, unethical, and defiant practices?
As the great Tamil poet Thiruvalluvar stated:
"இடிப்பாரை இல்லாத ஏமரா மன்னன்
கெடுப்பா ரிலானுங் கெடும்" (Kural 448)
"A king without enforcers may appear powerful, but he will ultimately be destroyed by his own weakness."
If I were in a legal forum of influence, I would have escalated this issue to the Hon’ble Supreme Court, highlighting BCTNPY’s misadministration, disobedience of court orders, and disregard for legal ethics.
Final Thoughts
I have never used my seniority as a government officer to demand respect. Instead, I have always upheld professional ethics and public service. As the great Tamil saint Avvaiyar wisely said:
"கற்றது கை மண் அளவு, கல்லாதது உலகளவு."
(What we have learned is but a handful of sand; what remains to be learned is as vast as the world.)
True wisdom does not come from mere education or seniority—it comes from action and responsibility.
I once again thank you for your time. With this, I take leave of this forum by unsubscribing.