Eligible junior lawyers from SOEL cannot be excluded from availing TN government's monthly stipend of Rs 3,000: Madras High Court

The Madras High Court on Monday held that junior lawyers who have graduated from School of Excellence in Law (SOEL) can also avail the Rs 3,000 monthly stipend sanctioned by the Tamil Nadu government for a two-year period to young lawyers in the State (M Karpagam v. The Home Secretary and 4 ors). .By a government order (GO) issued on June 30, 2020, the Tamil Nadu government had announced the grant of Rs 3,000 as monthly stipend, for a two-year period to junior lawyers:- who have obtained a Bachelor's degree in law from a government law college;- who have enrolled with the Bar Council of Tamil Nadu and Puducherry;- who have filed an affidavit attesting that they are practicing law;- whose family income is not more than Rs 2.5 lakh. .Tamil Nadu Govt sanctions monthly stipend of Rs 3,000 for young lawyers for a 2 year period [Read TN Bar Council Press Release].However, lawyers who had graduated from SOEL were excluded from the GO's coverage without any reason being given, argued Advocate R Prabhakaran today for the petitioner. There are many downtrodden students at SOEL who should be covered by the GO, it was contended. .The State countered that GO's benefits would not be extended to students who are able to pay around Rs 80,000 as tuition fees, as is the case with SOEL. It was argued that SOEL students cannot be seen as hailing from a family that requires financial assistance or belonging to the needy strata of lawyers for whom the GO is meant. .Chief Justice Sanjib Banerjee acknowledged that it is reasonable to classify beneficiaries of the GO based on the quantum of fee paid to obtain legal education. .However, he pointed out that there may be students from poor economic backgrounds who have gone to SOEL on scholarship. Such students ought to be covered by the GO, if they satisfy the other eligibility criteria, he added. .Coupled with this, the Court also took note that SOEL is affiliated to the Dr BR Ambedkar Law University (TNDALU) and that SOEL was set up by the State and is funded, controlled and managed by the State government. .The Court, therefore, agreed with the petitioner that SOEL would also fall under the category of a "Government Law College" referred to in the State government's June 30, 2020 GO."Merely because a junior lawyer meeting the other eligibility criteria obtained the bachelor degree from School of Excellence, established and run by the Tamil Nadu Dr Dr Ambedkar Law University, would not imply that such lawyer had obtained the bachelor's degree in law from an institution other than a government law college within the meaning of the expression in the notification dated June 30, 2020," stated the order..The State should extend the benefit of the stipend to all eligible Junior lawyers meeting the eligibility criteria even if such lawyer has obtained her or his bachelor's degree in law from the School of Excellence run by Dr Ambedkar Law University, the Court ultimately directed..Advocate V Vasanthakumar appeared for the Dr BR Ambedkar Law University today..Court's observations.In the order passed today, the Bench of Chief Justice Banerjee and Justice Senthilkumar Ramamoorthy observed:.- The distinction that is sought to be made by the State regarding the quantum of tuition fee paid by the candidate to obtain degree or legal education is completely relevant in the backdrop of the notification and criteria for obtaining stipend;- However, this distinction/condition of tuition fee amount, which was raised by the State in its counter affidavit and its submissions before Court, does not find a place in the June 30 GO.- The expression "Government Law College" is not defined in the GO nor are the ordinary colleges of law set up by the government shown to be exclusively within the purview of "Government Law College" within the meaning of such definition nor has it been indicated that a School of Excellence candidate having obtained degree from SOEL would not be eligible.- The loose and generic drafting of the second eligibility criterion implies that any person who has obtain a bachelor's degree in law from an institution that can been loosely regarded as a Government Law College in ordinary parlance would be eligible, subject to meeting other conditions. A Government Law College would imply a law college which is run or organised or funded by the government.- Since the School of Excellence is also funded, controlled and managed by the government of the State of Tamil Nadu, in the light of the casual reference to "Government Law College” in the eligibility criteria of the June 30 GO, School of Excellence would also be counted within the fold of Government Law Colleges covered by the notification.- The quantum of tuition fees paid by a candidate to obtain a bachelor's degree in law is of no relevance as long as a candidate seeking the stipend fulfils all the conditions in the GO of June 30, 2020 (notification).