IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.04.2010 CORAM THE HON'BLE MRS.JUSTICE R.BANUMATHI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A.Nos.2244 of 2001 and W.A.M.P.No.17604 of 2001 and 212 of 2002 N.Maheswaran .... Appellant/Petitioner Vs. 1.Madurai Kamaraj University rep.by its Registrar Palkalai Nagar Madurai – 625 021. 2.The Controller of Examination, Madurai Kamaraj University, Palkalai Nagar Madurai – 625 021. 3.The Bar Association Nagercoil, rep.by its President, Nagercoil, Kannyakumari District. 4.The Bar Council of Tamil Nadu rep.by its Secretary, High Court Building, Chennai – 104. .... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order of this Court dated 03.10.2001 made in W.P.No.17137 of 2001 presented under Article 226 of the constitution of india to issue a writ of certiorarified mandamus, calling for the records of the 4th respondent in connection with its order dt.13.6.2001 in R.O.C.No.654/2001 Notification No.5/2001 and quash the same as for as the petitioner in concerned and direct the respondents 1 to 4 to forbear from taking any action against the petitioner and preventing him from practicing as an advocate pending consideration and disposal of the petitioner's representation dt.24.1.2001 by the 1st respondent. https://hcservices.ecourts.gov.in/hcservices/ For Appellant : Mr.R.Srinivas For Respondents : Mr.S.Sethuraman for R1 & R2 Ms.S.Hemalatha for R3 Mr.S.Y.Masood for R4 JUDGMENT (Judgment of the Court was delivered by R.BANUMATHI,J.) This Writ Appeal arises out of the order dated 03.10.2001 made in W.P.No.17137 of 2001, whereby while dismissing the Writ Petition, learned single Judge declined to forbear the Respondents from taking any action against the Appellant and preventing him from practising as Advocate pending consideration and disposal of the Petitioner's representation dated 24.1.2001 by the 1st Respondent. 2. The case of Appellant is that he has done B.A.Degree Course in Economics in Naesamani Memorial Christian College, Marthandam during the period 1983-1986 and the said College is affiliated to 1st Respondent – Madurai Kamaraj University. Further case of Appellant is that he passed B.A.Degree course from the said College and after obtaining B.A.Degree, he joined L.L.B. Course in B.M.S.College of Law under the Bangalore University, where he completed his L.L.B. Course and he got himself enrolled as an Advocate under the Bar Council of Tamil Nadu. 3.The 3rd Respondent Bar Association, Nagercoil issued a notice dated 17.04.2001 stating that the appellant and 3 others have obtained bogus degree certificates. Earlier, the appellant had filed W.P.No.12127 of 2001 seeking for a writ of mandamus directing the 3rd and 4th respondents from suspending and removing the appellant from membership of 3rd and 4th respondents and preventing him from practising as Advocate and the said Writ Petition was disposed on 03.08.2001 holding that the Bar Council of Tamil Nadu has not issued any order against the appellant and based on the communication of the Association dated 17.04.2001, the Appellant cannot seek any relief. In the said Writ Petition, interlia a direction was issued to the University to dispose of the representation of the appellant expeditiously within a period of four months. 4.By Notification No.5 of 2001 dated 13.06.2001, Bar Council of Tamil Nadu already informed the appellant that he was suspended from practising as an Advocate by their Notification No.5 of 2001 dated 13.06.2001. The said Notification No.5 of 2001 dated 13.06.2001 was challenged by the appellant in W.P.No.17137 of 2001 contending that the 4th Respondent/ Bar Council of Tamil Nadu does not have the power to suspend the appellant from its rolls pending enquiry against him and that it can only impose suspension as a punishment after enquiry. The appellant further alleged that the correctness of his Law degree is not in question and while so, the 3rd Respondent is not competent https://hcservices.ecourts.gov.in/hcservices/ to conduct the enquiry and take a decision. 5.The Writ Petition was dismissed holding that Section 35 sub- section (3) of the Act empowers disciplinary committee of the State Bar Council after giving opportunity of being heard to make an order of dismissal, suspension, reprimand or removal of names of advocates from the State Roll of the Advocates. The contention of the appellant that State Bar Council has no jurisdiction was rejected by the learned single Judge. 6.Pointing out that the Notification No.5 of 2001 dated 13.06.2001 was not disclosed in the earlier Writ Petition filed on 27.06.2001 and that the learned single Judge held that it was a case of suppression of material facts. Further holding that if the appellant had not obtained the B.A.Degree, obtaining L.L.B. Degree at Bangalore cannot be recognised as a valid degree. 7.The case of appellant is that he has done B.A.Degree course in Economics in Naesamani Memorial Christian College, Marthandam during the period 1983-1986 and the said college is affiliated to 1st Respondent – Madurai Kamaraj University and that he studied and completed B.A.Degree course from the said College. The 4th Respondent-Bar Council of Tamil Nadu corresponded with the first respondent – University to ascertain the correctness of B.A.Degree allegedly obtained by the appellant and three others. After verification of the records, the University has sent the communication to the Bar Council dated 03.04.2001 stating that the candidates referred to in the letter of State Bar Council have failed in B.A. and B.Sc. Degree examinations held in April, 1985 and 1986. The relevant portion of the said letter relating to the appellant reads as under: "Thiru.M.Mageswaran with register number 260479 of B.A. Degree in Economics Major has failed in EA1, EA2, EE5, EG5 and EI13 and has obtained migration certificate on 4th March, 1987." 8.The Controller of Examinations has also sent the communication to the appellant dated 27.11.2001 stating that the appellant is not qualified to hold B.A. Degree and the relevant portion of the said letter reads as under: "Thiru.M.Maheswaran with register number 260479 has secured marks i.e. In EA1 – 25 (9.0 + 16 = 25) FAIL, EA2 – 17 (12.0 + 5 = 17) FAIL, EE5 – 27 (18.0 + 9 = 27) FAIL, EG5 – 29 (6.0 + 23 = 29) FAIL and EH3 – 27 (17.0 + 10 = 27) FAIL and has failed in those five papers. Hence, Thiru.M.Maheswaran is not qualified to hold B.A., degree." https://hcservices.ecourts.gov.in/hcservices/ 9.It is evident from the communications sent by the Madurai Kamaraj University – first respondent that the appellant is not qualified to hold B.A. Degree. It is equally evident that the appellant has produced a bogus Degree certificate to get himself admitted in the Law degree and thereafter to get himself enrolled with the fourth respondent -Bar Council of Tamil Nadu. 10.Mr.S.Y.Masood, learned counsel for the fourth respondent has also submitted that in this regard, the Enrollment Committee has also enquired the matter, completed its enquiry and the enquiry report has also been sent to the Bar Council of India and further orders are awaited from the Bar Council of India. He would also state that because of the stay in this writ appeal, Bar Council of India is yet to pass final order. 11.Learned single Judge rightly dismissed the writ petition holding that the appellant has no bonafide in coming to the court. We do not find any reason, warranting interference with the order of the learned single Judge and the writ appeal is bound to fail. 12.In the result, the writ appeal is dismissed. Interim stay already granted in W.A.M.P.No.17604 of 2001 stands vacated and the connected miscellaneous petitions are dismissed. No costs. 13.In view of the judgment passed by this Court in this writ appeal, Bar Council of India shall pass orders as expeditiously as possible. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar usk/mmi To 1.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai – 625 021. 2.The Controller of Examinations, Madurai Kamaraj University, Palkalai Nagar, Madurai – 625 021. https://hcservices.ecourts.gov.in/hcservices/ 3.The Secretary, Bar Council of Tamil Nadu, High Court Building Chennai – 104. 4.The President, Bar Association Nagarcoil, Nagercoil, Kannyakumari District. 5.The Secretary, Bar Council of Tamil Nadu 21, Rouse Avenue, Institutional Area, New Delhi. 110 002. + 1 CC to M/s.S.Y.Masood,Advocate,SR.28292 + 1 CC to Mr.R.Srinivas,Advocate,SR.28779 + 1 CC to M/s.S.Sethuraman,Advocate,SR.29400 W.A.No.2244 of 2001 JRG(CO) EM/30.4.10 https://hcservices.ecourts.gov.in/hcservices/