BHASKAR

Delhi HC asks Bar Council of India to whisper a mounted date for All India Bar Examination

The Delhi High Court docket asked the Bar Council of India (BCI) on Monday to sustain in mind fixing a “pre-whisper agenda” for conducting the All India Bar Examination to solve the uncertainty about the exam dates and assist provisionally enrolled advocates to prepare accordingly.

A single-deliver bench of Justice Prathiba Singh further asked the BCI to deliver the court docket about the next date of the Bar exam, which changed into as soon as closing conducted on October 30, 2021. Justice Singh questioned the non-fixation of the exam date and told the BCI counsel, “You would possibly perhaps perhaps maybe maybe additionally goal restful have faith a mounted date. It would possibly perhaps perhaps actually perhaps maybe maybe additionally goal restful no longer even be changed. I know kids who whisk in a single other nation for LLM. They sustain pondering that they would possibly be able to must advance assist assist to take a seat for the exam, but they don’t know when this would possibly perhaps settle whisper.”

The court docket further talked about that Rule 9, Chapter VI of the All India Bar Examination Rules, which states that “no advocate enrolled underneath S 24 of Advocates Act 1961 will seemingly be entitled to practise underneath Chapter IV of Advocates Act 1961 unless he efficiently passes the All India Bar Examination conducted by BCI”, would no longer be operational “qua such advocates” who are unable to sure their examination within two years of their provisional enrolment. The rule further states that the exam is most important for all law college students graduating from academic year 2009-2010 onwards and who are enrolled as advocates.

Rule 10 states that the Bar exam has to be held twice a year in such months and locations that the BCI would possibly perhaps perhaps maybe maybe additionally goal pick infrequently. For the explanation that exam has no longer been since closing October, the court docket held that the petitioner is no longer going to be debarred from practising except further orders. “It’s miles accordingly clarified that the petitioner shall no longer stand debarred from acting in courts except further orders,” the court docket talked about.

When the petitioner—Nishant Khatri, a practising advocate who changed into as soon as provisionally enrolled on November 19, 2019—drew the court docket’s attention to an August 2 present an explanation for of the Supreme Court docket that recorded that the Bar exam changed into as soon as to be conducted in November. The plea submitted that it is “now a normal prepare prevalent within the apt area that an advocate can provisionally practise for two years with out qualifying the AIBE, but to proceed his/her practise after two years, he has to mandatorily qualify the AIBE, and that he changed into as soon as entitled to practise as a lot as 20.11.2021 with out taking the AIBE”. As the exam changed into as soon as no longer held closing month, he sought protection from debarment on story of the non-conduct of the exam.

The BCI counsel submitted that the notification for the exam would be issued at the moment and that the prolong changed into as soon as on story of the switch of the company that conducts the exam. With appreciate as to whether the college students who are enrolled but have faith no longer been ready to take a seat for the exam because it changed into as soon as no longer conducted are entitled to practise, the counsel sought time to survey directions.

The court docket further infamous that a huge preference of advocates who were provisionally enrolled two years ago faced the possibility of debarment as per Rule 9 resulting from the non-conduct of the exam.

Referring to the Supreme Court docket present an explanation for, the high court docket talked about, “Let a site file be filed by the BCI giving the next date for the conduct of AIBE. The BCI would possibly perhaps perhaps maybe maybe additionally goal restful additionally sustain in mind having a pre-whisper agenda for the conduct of AIBE so that the uncertainty would possibly perhaps perhaps maybe maybe additionally goal also be resolved and provisionally enrolled advocates can prepare for acting in AIBE accordingly”. The topic will be heard subsequent on January 6, 2023.

The plea states that the petitioner’s livelihood is fully dependent on his apt prepare and a “gloom will prevail over the livelihood of petitioner after 28.11.2022” resulting from the BCI’s inaction.

Related Articles

Leave a Reply

Your email address will not be published.

Back to top button