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Madras HC: Admit noneMadras HC: Admit noneAround 1200 Tamil Nadu advocates await enrolment with the state bar council (SBC) which has not issued any enrolment certificates in four months.

The Madras high court (HC) had in a May interim order directed the SBC to issue enrolment certificates only after verifying that applicants had no criminal record.

Bar Council of Tamil Nadu and Puducherry chairman D Selvam said: “It is not our fault. The problem is, somebody filed a case that the criminal offence background [of the applicants] should be verified [before enrolling them]. Now there is a judicial order, an interim order, [mandating] police verification.”

A June 2013 graduate, whose enrolment application is pending with the SBC since June, told Legally India that three different departments – law and order, intelligence and crime – separately verified the criminal records of each applicant now. The national law university (NLU) graduate from outside Tamil Nadu said that his batch mates in another state had already received their enrolment certificates.

SBC general secretary V Dakshanamoorthy said that results of verification for candidates enrolling from Chennai had not yet been received, while results from other areas had come through. This was the reason why issuance of enrolment certificates was still pending, he said, without commenting on an expected date for completion of the process.

An advocate practicing before the Madurai bench of the Madras HC, V Ramesh, in WP 10315/2013 had petitioned the HC to order the SBC to examine the authenticity of the practice certificates of existing advocates, the law colleges they graduated from, the attendance registers of such colleges, their school certificates, college degrees, their criminal antecedents and other data that could show up an advocate as “fake”.

He contended in his writ petition:

“The Noble Legal profession is being polluted on account of individuals being enrolled as advocates even without under going, school and college education. The outcome of this degradation is that anti social elements, [third] rated politicians and persons involved in questionable illegal activities have entered the Legal profession, Courts of law and Advocate Associations throughout of the State of Tamil Nadu. These unscrupulous elements are involving themselves in kangaroo courts, illegal real estate dealings, police criminal nexus and other degrading activities through the LLB degrees procured from other States namely Andhra Pradesh and Karnataka.”

“Instead of studying law degree on a regular basis LLB degrees are being sold and bought for a meager price in Universities functioning in other States. The law degree is obtained without attending regular college and also examinations are not written by the applicants but by the agents of the brokers, who engage themselves in seat-laundering for the candidates in Tamil Nadu.”

“LLB seats are obtained by producing bogus certificates procured by brokers and based upon the same degrees are obtained and subsequently, these candidates are enrolled as advocates in Tamil Nadu and subsequently become members of Bar Associations etc. Further employees of Government, Public Sector undertakings, Private Sector become lawyers by applying for LLB in other States, which is totally illegal because while being employed, nobody can undergo legal education and obtain a profession degree in law, as if done in cases of distant education.”

The petitioner swore that he possessed a recorded conversation between a LLB degree broker and a person bargaining for the seat, with “all the delicate particulars of the illegal education ring”.

Reserving judgment in the case justice N Kirubakaran, as reported by The Hindu observed: “In view of the fact that there are more than 100 law colleges in Karnataka and about 100 law colleges in Andhra Pradesh, the Bar Councils and the Chief Secretaries of the two States have to explain what is the necessity for so many law colleges.”

In his interim order, he directed the SBC to conduct criminal verification and refused to stay the enrolment of fresh graduates, but said that their enrolment would be subject to the outcome of the case.

Photo by Balu Velachery

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Recommend! +4 Objection! -1 vsu 2013-09-11 22:20
yes correct lot of such bougus holders have spoiled the nobel profession these persons are many compered to the genuine one
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Recommend! +3 Objection! -1 Genuine 2013-09-12 01:23
Well said VSU.

Andhra and Karnataka Law colleges are the culprits. Know about many people who visit the Courts as criminals, accused, etc., has purchased law degrees and enrolled as lawyers now.

The govt employees/private sector employees in regular employment has the guts to enrol for Law Course in other states, while they are in salaried jobs.

Has a degree in Law become much easier that a kinder garden exam.

As a result, we find unparliamentary words being used during arguments, strikes for no valid reason.

A person should have some basic integrity and discipline to enter the noble profession.
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Recommend! +3 Objection! -0 darkxblade1 2013-09-12 02:03
It's a commendable judgement. But the slow process adopted by the police in verifying the candidates makes it look bad. They should not cause hardship to all merely because a few hold fake degrees.
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Recommend! +1 Objection! -0 Point of law 2013-09-19 11:38
I have not seen the order and it does not seem to be available through judis.nic.in or on manupatra.com. I am not sure if any of the people commenting here have seen the order either and, if so, it is not appropriate to comment on it on the basis of news reports.

Having said that, any judgement which causes unreasonable loss of livelihood is a bad judgement, unless it addresses the concerns of those who are not at fault. Failure by the State to prevent sale of law degrees to “many” culprits cannot be a ground to deny enrollment to a “few” genuine law graduates. I have not seen anything that suggests that the Court has indefinitely stayed the enrollment of law graduates of the State of Tamil Nadu – it is possibly the Bar Council which is refusing to act, based on its interpretation of the order – but, if the Court has done so, then it is a judgement which is likely to be reversed if appealed.
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Recommend! +4 Objection! -2 Guest 2013-09-12 09:38
There are some candidates who have obtained their law degrees by resorting to immoral ways but certainly making the genuine candidates who have undergone five years or three years of stydt shouldnt be put in difficulty. Right to enrollment as an advocate upon completion of law degree from a recognized university is a fundamental right and the police authorities cannot delay it for any reasons. The candidates are losing their seniority.
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Recommend! +1 Objection! -1 Focus Bogus 2013-09-17 16:57
Are these aspirants ready and willing to give Bar Exam or shall launch another strike?
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Recommend! +1 Objection! -0 Guest 2013-11-30 11:39
respected sir, all this comment said by justice n.kirubaharan is accepecatable but those student who sinceraly studied due to age over,due to lack of tamil language they fr eg i am studied in bombay up to SSLC & HSE in mumbai and further edu in tamilnadu degre in recognised univ & during this period of study i have attend 30 age now i want to study law degree in tamil nadu age rest. now iam studing LLB degree and passed in regular . now what about my all education in law i have studied equal education to all,every body is free to study,anybody can gain education were he like . now what can i do?
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Recommend! +1 Objection! -0 vmvm 2013-12-10 16:48
actually mr. Ramesh is an really doing service to the society he would not have to file a such a case as general because so many graduates waiting for the chance and done their LLB course regularly and spent lot of money for their studies and got admission through LAWCET and also obtained degree with proper educational qualification systematically and petioner Mr.Ramesh highlighting LLB degree it is the degree course availed in all over india as per norms of BCI DUE SOME OF THE reason or jealous he filing case ,he is not a lawer to say/simply accusing otherLLB legal graduates as a antisocial, being social animal of us(human being)he should consider how many life and livelihood is important &HOPE JUSTICE NEVER FAILS because TRUTH ALWAYS PREVAILS
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Recommend! +2 Objection! -0 Jury 2013-12-10 17:11
FQuoting vmvm:
actually mr. Ramesh is an really doing service to the society he would not have to file a such a case as general because so many graduates waiting for the chance and done their LLB course regularly and spent lot of money for their studies and got admission through LAWCET and also obtained degree with proper educational qualification systematically and petioner Mr.Ramesh highlighting LLB degree it is the degree course availed in all over india as per norms of BCI DUE SOME OF THE reason or jealous he filing case ,he is not a lawer to say/simply accusing otherLLB legal graduates as a antisocial, being social animal of us(human being)he should consider how many life and livelihood is important &HOPE JUSTICE NEVER FAILS because TRUTH ALWAYS PREVAILS


FYI, none of those LLB guys/gals from Andhra or Karnataka ever attend classes and as you said have paid huge amount of money to regularize attendance, to manipulate marksheets, to pass exams.
Just bcoz some idiot have been selling law degree for money, it does not mean the trend should continue.

Justice Kirbakran and Adv. Ramesh had done a commendable job to save the profession.

Atleast from now, rowdies, goons, anti-socials do not enter legal profession with bought-out LLB from Andhra and Karnataka.
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Recommend! +1 Objection! -0 Guest 2013-12-11 13:28
While agreeing to the petitioner of the case at the same time it cannot be applied to all on a universal scale. There is no law to deny one's right to pursue any career at any point of time. A simple police verification if need can be sought and the registration be made faster rather than delaying the process by four months or so.
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Recommend! +2 Objection! -0 Peter Jeyaprakash 2014-01-27 18:37
I humbly submit that the present case against LLB course graduates in Tamil Nadu is vexatiuos. The alleged criminality and irregularities in LLB COURSE will meet their acid test when these candidates face the BAR COUNCIL EXAM. this exam is like the microsoft's firewall. Therefore the case in Tamil Nadu is vexatious and is faught for personal vendata. We should analyse the criminal list submitted in Madurai Bench. Thank you.
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Recommend! +3 Objection! -0 Peter Jeyaprakash 2014-01-27 23:31
Dear Sir,
The case of LLB degree graduates is a witch hunt or at best a private vendetta. Here is how - 1. The Bar Council of India has appropriately implemented the Bar council Exam which has to be written to renew registration of lawyers in the Bar council. If they do not write or do not pass the Bar council Exam the lawyers will fail to renew their registration. This is an acid test which will stop the defaulting lawyers from practicing and declaring themselves as lawyers. This is similar to the Microsoft's Firewall. 2. Academic irregularities should not be brought into the professional field. They should be dealt separately and diligently within the academic sphere. 3. If the Madurai High Court has received a list of criminal lawyers from the Police then they should be published and perused as to how many of them are B. L. graduates and how many are LLB graduates. Academic irregularities can be dealt in the same way as the Engineering colleges are dealt if they do not have the requirements fulfilled. This can be done by checking the requirements through Academically credited monitoring bodies.

So it is clear that there are measures which are in place but not effectively used to mitigate criminally inclined lawyers. And on the other side there are certain quality check mechanisms lacking and we need to work on that. Therefore, the case in Madurai court is frivolous and time consuming wasting precious time and money which can be used to give justice to the common man. LLB is LLB and there can be no limits to it. We need to learn from the International institutions to allow education, qualification to give wings to the talents and services of those interested in a particular field without any age bar or stigma. Thank You.
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Recommend! +0 Objection! -0 satheesh kanna 2014-03-20 13:30
sir,
filing of writ petition by mr ramesh advocate is not acceptable. first they are alleging that llb degree holder should not practise in tamilnadu ,when he felt that this plea is not reasonable and unfair, because llb degree is legally recognised by bar council of india as well as advocate act 1961, but this attempt by advocate not yield result as he think, then alleged that the person who comes from llb degree from karnataka and other state studying and got admission after 35 years,and then he is alleging that llb degrees are sold in mere price in karnataka and other states, so serious of allegation made by petitioner revealed that there is reason or jealous behind this petition of petitioner. just iam openly asking the petitioner that could u provide llb degree in mere
price at present situation, if the petitioner prove that he can provide llb degree in mere price then we accept this allegatiion is true, but only having telephone conversation about the dealing of llb degrees is not sufficient to prove this allegations .this case must be decided after going and discussing with all state bar councils and ask comments regarding the llb course. the decision by single judge is unfair and lying for appeal against this decision. as far as age restriction, to bring age restriction only can not bring quality in legal profession, the better way to constitute a committee under retired and serving judge to visit colleges and receiving comments from universities and after analysing the reply from all , then only decision should be taken, by the only statement and teleconversation of two members is not the sufficient reasons. the verdict should be based on that " hundred criminals can be punished but one innocent should not be punished " so the decision taken by any authority after proper verifcation be followed, dont ply with life of llb holders,without any proper evidence , if find then struck down the concerned person name from bar council list, but not to blame all person who got llb in proper study . think before going to do anything .it is my sincere request.
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Recommend! +0 Objection! -1 Jury 2014-03-20 14:41
Quoting satheesh kanna:
sir,
filing of writ petition by mr ramesh advocate is not acceptable. first they are alleging that llb degree holder should not practise in tamilnadu ,when he felt that this plea is not reasonable and unfair, because llb degree is legally recognised by bar council of india as well as advocate act 1961, but this attempt by advocate not yield result as he think, then alleged that the person who comes from llb degree from karnataka and other state studying and got admission after 35 years,and then he is alleging that llb degrees are sold in mere price in karnataka and other states, so serious of allegation made by petitioner revealed that there is reason or jealous behind this petition of petitioner. just iam openly asking the petitioner that could u provide llb degree in mere
price at present situation, if the petitioner prove that he can provide llb degree in mere price then we accept this allegatiion is true, but only having telephone conversation about the dealing of llb degrees is not sufficient to prove this allegations .this case must be decided after going and discussing with all state bar councils and ask comments regarding the llb course. the decision by single judge is unfair and lying for appeal against this decision. as far as age restriction, to bring age restriction only can not bring quality in legal profession, the better way to constitute a committee under retired and serving judge to visit colleges and receiving comments from universities and after analysing the reply from all , then only decision should be taken, by the only statement and teleconversation of two members is not the sufficient reasons. the verdict should be based on that " hundred criminals can be punished but one innocent should not be punished " so the decision taken by any authority after proper verifcation be followed, dont ply with life of llb holders,without any proper evidence , if find then struck down the concerned person name from bar council list, but not to blame all person who got llb in proper study . think before going to do anything .it is my sincere request.


You must be one among all frauds who do not attend classes, clear exams and practicals by paying money.

Touch you heart and say you had attended college all 3/5 years in Karnatak or AP. You will work for an organization and in the meantime buy a law degree from some state and come to practice law. Do you think the students who study hard by attending classses every working day (without going to job and supporting their family financially during college days) are fools.

Just because its a bar council recognized degree it does not absolve you from charges of obtaining it by practising fraud. Every single person in TN with law degree from Karnatak and AP are frauds. So dont try to gain sympathy by projecting you are with clean hands when you yourself had obtained law degree by fraud.
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Recommend! +0 Objection! -0 Sugurathi 2014-03-25 15:22
I think this judgment is totally against to Indian constitution. The constitution of India ensure the Right to employment and right to equality. The advocates can practices (who studied after 35) in all states of india except in tamil nadu. Then where is the equality. If one can practice as an advocate other than tamil nadu, then why not in tamil nadu?. Because as per law equal amoung equal. If a advocate can practice there, he can practice here too.
If the law degree is obtained improper manner, then the university or the Bar council are responsible. Both the bar council and the university should monitor the law colleges and regularize the course.
If the LLB Degree holders getting law degree, then the court may order for bio metric attendance in all law colleges in India.
Instead of that refusing the LLB advocate to practice or refusing to enroll in bar council is unethical acts.
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