The Hindu : Tamil Nadu / Chennai News : Bar council order on enrolment of advocates stayed

Online edition of India's National Newspaper
Wednesday, Sep 06, 2006

Tamil Nadu

Tamil Nadu - Chennai

Bar council order on enrolment of advocates stayed

Special Correspondent

CHENNAI: The Madras High Court on Tuesday stayed a Bar Council of Tamil Nadu (BCT) order, fixing upper age limit of 45 for enrolment as advocates.

Justice K. Raviraja Pandian passed the interim order on a writ petition filed by M. Ramani and T. Vijayakumar. The petitioners, who are law graduates and Station Masters in the Railways, had opted for voluntary retirement for enrolling as advocates. Their VRS took effect from September 1.

However, the BCT passed a resolution in June, and issued a consequential order on August 23, that the upper age limit for enrolment of advocates would be 45. The petitioners, who are aged over 50, said their right to practice any profession or carry on any occupation, trade or business as guaranteed under Article 19(1)(g) of the Constitution would be affected if the BCT order was implemented.

They pointed out that a similar order passed by the Bar Council of India (BCI) in August 1993, barring enrolment of persons who have completed 45 years, was struck down by the Supreme Court as being "discriminatory, unreasonable and arbitrary."

Describing the impugned resolution of the BCT as a "replica" of the one struck down by the apex court, the petitioners said it was against all canons of law and violation of the mandatory provisions.

Granting interim stay on the operation of the BCT order, the Judge pointed out that in 1995 the Supreme Court had directed the BCI and the BCT not to implement a similar rule.

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