Madras High Court directive to Bar Councils

Chennai: To prevent government employees/persons obtaining law degrees, in absentia, while in service and entering into the legal profession, the Madras high court has directed Bar Councils to verify whether the candidates, who apply for enrollment, after crossing 40 years of age, have rightly obtained law degree or not and if they had obtained law degree, while in service, they shall not be enrolled.

“Bar Councils shall verify the Ration Card, Pan Card and Aadhar Card of the candidates to ascertain their address, social status and their income, at the time of enrollment. Bar Councils shall get an affidavit from the candidates, who crossed 40 years of age at the time of enrolment stating that they have not obtained law degree while they were in service”, said a Division Bench comprising Justices V. Ramasubramanian and N. Kirubakaran.

The Bench gave the directive while dismissing a petition from P. Ramu, whose plea for enrolment was rejected by Bar Council of Tamil Nadu. Ramu, while working as a full time government employee, viz, as a junior engineer in Thanjavur, obtained law degree from a law college in Bengaluru as if he had undergone the course from 1998-2001. After retirement in 2001, he applied for enrollment. When BCT raised a query as to how, he was able to undergo the law course when he was employed, he claimed he had applied leave and availed loss of pay to attend regular college. But he failed to furnish details to prove the same. Therefore, BCT rejected his application.

The Bench said, “This case is only a tip of an iceberg, which reveals how full-time salaried employees/staff are working and simultaneously undergoing law degree course elsewhere”.

Pointing out that the Supreme Court has insisted upon completion of law course by regular attendance, the Bench said obtaining law degrees, in absentia, was not new. Many cases, with regard to simultaneous study, especially law course, by full-time government employees and obtaining degrees, in absentia, and conveniently getting enrolled, after superannuation were reported. This court was aware of the above trend and take judicial note of it. They also try to compete with the professionals, who toil in the profession right from their enrolment at a young age, the Bench added.

The court said, “Many persons are said to have entered into the profession for the past 15 years, having obtained degrees fraudulently viz., procuring law degrees, in absentia, in the institutions, which are hundreds of kilometers away from their work place, while rendering service in their organisation as full-time employees.”