MOHAN MADHUKAR SUDAME Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Writ petition No.3107 of 1994 is filed by a practicing Advocate Mr. Sudame, enrolled on the roll of the Bar Council of Maharashtra and Writ petition No.5654 of 2007 is preferred by an education society, which runs a college. By these writ petitions, the petitioners have challenged Section 64 of the Maharashtra Universities Act, 1994 (For Short the "Act") under which legal practitioners are not entitled to appear before the College Tribunal. The education society has challenged the order of the University and College Tribunal, Nagpur refusing permission to an Advocate to appear before it in view of Section 64 of the Act. Both the petitioners have challenged Section 64 of the Act as being repugnant by Section 30 of the Advocates Act, 1961 as well as Section 14 of the Indian Bar Councils Act, 1926.

(2.) Section 64 of the Act bars appearance of legal practitioners before the College Tribunal constituted under the Act. Section 64 reads as follows.:

(3.) In Writ petition No.5654 of 2007, the University and College Tribunal has exercised its power under Section 64 of the Act and passed the impugned order dated 21.11.2007 thereby withdrawing permission granted earlier to the legal practitioners to appear before it and directing the parties to make their own arrangements for defending their case. The tribunal has also made the order applicable to the other cases pending before it.