The Madras High Court on Monday held that a Bar Council cannot refuse to enrol law graduates who had obtained their degrees from recognised universities just because they had appeared for their Class X or XII examinations as private candidates or because they had undergone schooling through National Institute of Open Schooling.

Writ petitions

A Full Bench of Chief Justice Indira Banerjee and Justices R. Subbiah and Abdul Quddhose passed the ruling while allowing a batch of writ petitions filed by candidates whose enrolment process was kept on hold by the Bar Council of Tamil Nadu and Puducherry because they had cleared their Class 10 or 12 exams as private candidates.

Authentic degree

“Once a degree is found to be authentic, it is not for the Bar Council to go behind the degree and enquire into the eligibility of the candidates to take admission in the university. We are of the view that once a recognized university or a recognized board issues a certificate, there is a presumption of eligibility of the candidate to be conferred the certificate.

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