(1.) THE petitioner has sought for a Writ of Declaration, declaring that the removal proceedings No.12/2000 pending before the Bar Council of India, rep. by its Secretary, New Delhi, 1st respondent herein, as deemed to have been concluded in favour of the petitioner and consequently, not to give effect to the suspension order of the second respondent in ROC.No.1070/2001, dated 29.08.2001.
(2.) IT is the case of the petitioner that he had completed B.A., Degree Economics in April 1981 in First Class. Thereafter, he registered his educational particulars with the Employment Exchange, Nagercoil, which he renewed till January' 1994. As he did not get any suitable job, he was forced to work as an Advocate Clerk in 1993-94 and having gained experience as an Advocate Clerk, he intended to study law course and accordingly, on 14.06.94, he joined the LLB course (evening class) in SLSRC Havanur College of Law, Bangalore, a recognised college, affiliated to Bangalore University.
(3.) WHILE that be so, after 3 years of completion of his Degree course, a complaint has been given on 26.08.2000 to the Bar Council of Tamil Nadu against four Advocates, including the petitioner, alleging that during our course of study, they did not regularly attend the LLB Course and that they were working as Advocate Clerks, attached with the Counsel, practising in Nagercoil courts and attended the courts. The complainant also requested the Bar Council of Tamil Nadu to take necessary action. Pursuant to the said complaint, the Bar Council of Tamil Nadu issued a notice under ROC No.1185/2000, dated 05.09.2000 to the petitioner, to show cause, as to why, his name should not be struck off from the rolls of the Bar Council of Tamil Nadu and why action should not be initiated against the petitioner and some others, under the rules of the Bar Council and in this regard, directed the petitioner to submit his explanation on or before 20.09.2000.