sinuvasu (advisor) 05 January 2010

is PIL maintainable or not?

Some Govt.employees and officers r persuing the L.LB courses that too with the permission of their employer.It leads to the misuse of public exchequer and also the violation of the norms and standard set-up by the Bar counsil of India and U.G.C.It also hearts the sentiments of the practising advocates..Pls suggest whether the P.I.L is maintainable or not?

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7 Replies

Daksh (Student) 05 January 2010

Mr.Sinuvasu,

I do not think that persuing the LL B course by seeking permission any how could lead to miseuse of public exchequer, voilation of the norms and standards set up by the Bar Council of India & UGC ( I am not competent to comment about how it hurts the sentiments of practicing Advocates).

There is no prohibition in persuing LL B by Government employees and officers and they are very much within their rights to persue the same after seeking requisite permission. As such the answer to your query is NO.

Thanks and best regards

Daksh

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PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 05 January 2010

STILL THEY ARE EVENING COLLEGES AND COLLEGES WITH 8AM TO 10.30AM ETC., CAN ALLOW THE GOVT. EMPLOYEES TO STUDY THE L.L.B., COURSE IN THEIR PRIVATE TIMINGS

HENCE PIL HAS NO LOCUS STAND.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 06 January 2010

If permission has not been sought and such persons are present at both the places at the same time then definitely those persons must have shown/prepared some wrong record in their favour. If they absented from their departments to peruse regular law classes then it is loss to public exchequer and derelinquishment to their lawful duty and if they merely shown their presence in regular law classes and remained present on their duties then they lowered down the prestige of the profession. In both way they are culprits liable to be prosecuted.

File a PIL.

B.N.Rajamohamed (advocate / commissioner of oaths) 08 January 2010

Sure you can file a PIL Seeking the direction of the High court or the Supreme court to the bar council of India to provide an age limit for pursuing ther legal studies inspite of their employment in another institution. This is the most requisite issue to be settled inorder to curtail excess entry of persons holding double benefits . Sure I am in support of your views.

Harish K. Chandak (Advocate) 11 January 2010

with permission of employer .....!!!! No PIL could be tainable as there is no any violation of any public interest

B.N.Rajamohamed (advocate / commissioner of oaths) 23 November 2010

PIL is always maintainable if the subject matter pertains to the society at large and the petitioner is free from private and publicity interest. The case above is a matter of public interest and PIL is absolutely maintainable.