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Writ vs BCI: Colleges take Rs 500 bribes for exam pass & hand out bogus degrees

Venkata Sivakumar
Venkata Sivakumar

The Madras high court has admitted a petition asking the Bar Council of India (BCI) to look into recommendations to “eradicate malpractices” in India’s legal education system and those to “prevent dishonest candidates entering the Bar Council or other judicial appointments”.

Chennai chartered accountant Venkata Sivakumar, who graduated as a lawyer from Seshadripuram Law College in 2010, moved the high court alleging that certain colleges in Andhra Pradesh were awarding law degrees to students on payment of bribes or through allowing cheating in examinations.

Sivakumar specifically named two universities law schools under which he alleged were openly encouraging unfair means.

He alleged that after enrolling for an LLM course at a local college, the university management informed him that “LLM degree will be given and there is no need for studying”, when he enquired about pending examination schedules.

“I have objected to this and wrote a letter to the vice chancellor, [of the university]. The chairman of the law college immediately refunded the amount paid [for the LLM course] and returned the original certificates requesting me not to make any issue as thousands of students are passing LLB from his college,” he alleged in the petition.

Sivakumar then joined the distance LLM course at another university in Andhra Pradesh. He has claimed in his petition that while attempting the examinations held at the university he was approached for money in lieu of being allowed to use unfair means to write the exams: “3 senior lawyers were collecting Rs. 500 from each candidate and approached me and my friend Mr. Shenoy. We were told that if we pay Rs. 500 for every exam to the management of the school they will allow us to copy freely and also give more time to write the exam.

“We were shocked and requested them as advocates practicing in the High Court for so long should not indulge in such malpractices and must set good standards for the younger generation to follow but as they were expecting judicial appointments and some promotions in their jobs they pleaded with us not to make an issue of this as it is normal practice for anyone to acquire degree in law without studying law.”

Sivakumar has submitted a list of five suggestions for the fair conduct of exams and five “controls regarding pursuing the course” to the court, for the consideration of the BCI. He had submitted the same suggestions to the authorities at the Achraya Nagarjuna University in December, but got no response.

He has suggested specific changes in the examination and marks pattern, asked for camera-recordings to be made of students writing examinations, minimise physical attendance and introduce the concept of “smart classes”, improve infrastructure at law colleges and independent certification of the exams, among other things.

“Why is there so much trouble for lawyers? Because BCI doesn’t give anything [in terms of infrastructure]. The ICAI gives a lot of money,” said Sivakumar, who is a qualified chartered accountant.

He told Legally India that the Institute of Chartered Accountants had also sued him in “several civil and criminal matters” allegedly for “raising a voice” against their alleged corrupt practices.

The high court admitted his petition on Monday and has posted the matter for hearing on 17 February.

Sivakumar had uploaded a copy of his petition on the Legally India forums earlier today.

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