Friday, August 7, 2009

Bar Council of Tamil Nadu is entitled to reject enrollment plea

Bar Council of Tamil Nadu-Pondichery entitled to reject enrollment plea of law graduates

The Bar Council of Tamil Nadu-Pondichery (BCTP) has become the first statutory body in the country to reject the enrollment plea of law graduates, who completed direct post-graduate degree programme under the open university scheme.

The legal basis for the tough action by the Council was based on an order by a division bench of the Madras High Court, which in February 2008 held that a master’s degree obtained through the open university system, without a foundation degree or the basic degree, was invalid.

The bench comprising Justices P K Misra and K K Sasidharan had also ruled that such a degree was not valid for any purpose, including employment.

D Selvam, Chairman of the Enrollment Committee of the BCTP, told UNI that the enrollment applications of at least 34 candidates had been rejected and suitable recommendations were forwarded to the Bar Council of India (BCI).

Mr R K Chandramohan, Chairman of the BCTP, said the Council resolved to adopt a no-nonsense stand on the issue, as the February 2008 order was upheld by the apex court recently.

Besides these 34 candidates, another 130 practicing advocates were also facing a problem as they had completed direct PG degree from an open university. Prominent among them was famous educationalist Mr Jeppiaar.

These 130 candidates were allowed to practice many years ago, with a condition that they would be stripped of their license if the case was decided against them.

UNI

Courtesy_
http://www.indlaw.com

12 comments:

  1. WHAT IS THE REMEDY FOR THIS CHEATING OF UNIVERSITYIES WITH THE HELP OF APPROVALS OF STATE GOVERNMENTS PUBLISHED IN THE PROSPECTUS.EVEN DEGREES AFTER THE MA, LIKE BL& LLB ARE CHALLENGED. GOVERNMENT MUST TAKE STEPS TO ENROLL ON THE BASICS OF BL,LLB DEGREES.NO DOUBT THE GOVERNMENT IS RESPONSIBLE AS IT HAVE NOTICED AS THE DEGREES ARE TREATED AS EQUAL TO REGULAR.

    ReplyDelete
  2. yes, you are correct, one of my friend also facing the same problem, he is not able to enroll because he has done direct open university MA and completed LLB from SV University, but now he is not able to enroll, his contention is if the university has not admitted him in the LLB course saying the open university MA is not eligible , he would not have wasted 3 years, now having completed they should not be denied to enroll, from this acadamic year onwards all the universities come out with a advertisement saying that OUS degrees are not eligible for admission so hereafter there will not be such a problem, so it is a natural justice to allow persons who have completed LLB using Direct OUS degree should be allowed to enrolled.

    ReplyDelete
  3. Bar Council of Tamil Nadu moves a hasty decision in this issue. Bar Council of Tamil Nadu has no right to reject or remove advocate enrolled when they have a valid B.L degree for a reason that they they are not possessing valid basic degree. Bar Council of Tamil Nadu is not the authority to declare the valid recognised by BCI B.L degree issued by universities only because the candidate is possessing OUS direct MA. AS per the Advocate Act, if the applicant is 1) citizen of india 2) completed 21 years 3) possessing law degree recognised by BCI, in all advocate who have enrolled have recognised valid B.L degree and what more BCT wants. It is utter nonsense.
    More over there is a bar council resolution in RESOLUTION NO. 42/1983 recognizing open university MA degree for admission into law course. Using this resolution every one who gained entry into law college and obtained valid law degree. Now BCT should ask for removal of the said resolution and BCI to issue notice to those universities issued law degree to make them invalid and then start removing because then only BCT will have a reason to say they have a invalid degree.
    Finally, if the said judgment applicable retrospectively then, Bar Council of Tamil Nadu and the all Bar Council members who allowed enrollment should compensate to those who are removed as they have wasted their life so long.

    ReplyDelete
  4. I just wonder how a simple resolution passed in the bar Council of Tamil Nadu prevail over parliament enacted Distance Education Council Act? That too retrospectively?
    Well...Instead of defending the rights of the advocates,the Bar Council of Tamil Nadu has done a blunder to satisfy some people.
    The office bearers should be ashamed of citing a judgment passed in terms of appointment for the post of a principal in a film institute which is irrelevant and not applicable to registration in the bar council.
    The office bearers should resign from their posts as soon as the order is passed by the Hon'ble Madras High Court against their decision.

    ReplyDelete
  5. The decision of B.C.T. shows its weakness, by the stupid decision taken over the issue.

    ReplyDelete
  6. THERE ARE STILL CANDITATES STUDYING LLB AFTER GETTING ADMISSION WITH OUS PG DEGREES. IS THOSE UNIVERSITIES ACCOUNTABLE FOR THE FUTURE OF SUCH CANDITATES.MANY OCCASSIONS IT IS FOUND THAT LLB CANDIATES QUALIFIED AFTER 30 YEARS OF AGE UNDESTAND LAW BETTER. IT IS WITH MERIT THE CANDIATES HAVE QUALIFIED.

    ReplyDelete
  7. This action by the Bar Council of Tamilnadu is hasty deaths. There are nearly it is life of hundreds of people. If law starts to conflict with each other where the people will go. It is insult to our constitution, universities are recognized by their respective governments. TN bar becomes the yardstick for what is this enrollment. At least in the future open univesity students not to join the race Because of non avialibility of enrollment, do not worry friends knowledge will come by hard work, people will Recognize the hard work not the degrees. As said by the mahathma Gandhiji, "world is the world univesity experience are the lessons".

    ReplyDelete
  8. Anonymous We want justice for open university students like me. As a lady I suffered a lot to study in school in rural areas. We are not having adequate colleges nearby. So we studied in OUS,ie. gift for us to get degree like me from rural areas. India is a rural country said our political leaders. But they are not giving recognition thro OUS to get job from TNPSC or enrolled in BCT. Friends, kindly consider our case mananimously to enroll in BCT and also give jobs in TNPSC 4th JULY 2010

    ReplyDelete
  9. My friend is an openuniversity M.A and then m.phil , he got admission in 2008 to 3 yars llb in andhra, he has already passed all the 5 semesters, he is now in the final semester, please tell me whether he can obtain his llb degree from the university after passing final semester in may 2011. whether university can refrain from giving llb degree.

    ReplyDelete
  10. I am searching for my assignment and found your blog post ( Bar Council of Tamil Nadu-Pondichery entitled to reject enrollment plea of law graduates ) on google search your post is informative an give me lots knowledge for my current assignment thanks for sharing such a wonderful information keep updating share the knowledge whole world including me.

    ReplyDelete
  11. DE -ENROLLMENT FROM THEBAR COUNCIL,AND RESTRAINING FROM ENROLLMENT ARE ARBITRARY WHEN THE CLAUSE28,RULE 11OF RULES OFLEGAL EDUCATION 2008 IS ALREDY REPEALED OR WITHDRAWN BY THE BCI. HERE RULES REPEALED BY BCI ARE APPLIED BY BCT. THE QUESTIONS ARE (1.) CAN THE REPEALED RULES OF BCI BE APPLIED BY BCT OR ANY STATE/S BAR COUNCIL IN INDIA? ( 2) WHETHER OR NOT THE BCI HAS BEEN CONFERED POWERS TO CONTROL STATE BAR COUNCILS? (3) IS IT VIOLATION OF RULES OF BCI BY BCT? (4) BY LAWS OF BCT SHOUL BE WITHIN THEBCI RULES OR OUT OF BCI RULES? (5) CANTHE BCI ENFORCE THE STATE BAR COUNCILS TO IMPLEMENT THE RULES OF BCI? (6) ISTHE RESOLUTION PASSED BY BCI REGARDING THE CLAUSE 28 RULE 11 OF RULES OF LEGAL EDUCATION 2008, VALID? IF VALID (7) WHERE THE BCI RULES CAN BEAPPLIED WHETHER IN STATE/S BAR COUNCIL OR WITHIN BCI OR OTHER ASSOCIATIONS OR ORGANIZATIONS? I COULD NOT UNDERSTAND MOREOVER CONFUSED BY BCT ACTIONS

    ReplyDelete
  12. DE -ENROLLMENT FROM THEBAR COUNCIL,AND RESTRAINING FROM ENROLLMENT ARE ARBITRARY WHEN THE CLAUSE28,RULE 11OF RULES OFLEGAL EDUCATION 2008 IS ALREDY REPEALED OR WITHDRAWN BY THE BCI. HERE RULES REPEALED BY BCI ARE APPLIED BY BCT. THE QUESTIONS ARE (1.) CAN THE REPEALED RULES OF BCI BE APPLIED BY BCT OR ANY STATE/S BAR COUNCIL IN INDIA? ( 2) WHETHER OR NOT THE BCI HAS BEEN CONFERED POWERS TO CONTROL STATE BAR COUNCILS? (3) IS IT VIOLATION OF RULES OF BCI BY BCT? (4) BY LAWS OF BCT SHOUL BE WITHIN THEBCI RULES OR OUT OF BCI RULES? (5) CANTHE BCI ENFORCE THE STATE BAR COUNCILS TO IMPLEMENT THE RULES OF BCI? (6) ISTHE RESOLUTION PASSED BY BCI REGARDING THE CLAUSE 28 RULE 11 OF RULES OF LEGAL EDUCATION 2008, VALID? IF VALID (7) WHERE THE BCI RULES CAN BEAPPLIED WHETHER IN STATE/S BAR COUNCIL OR WITHIN BCI OR OTHER ASSOCIATIONS OR ORGANIZATIONS? I COULD NOT UNDERSTAND MOREOVER CONFUSED BY BCT ACTIONS

    ReplyDelete

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