Supreme Court adjourns Bar Exam petition yet again: Time running out for students

Bar & Bench News Network

Oct 20, 2010

The petitions against the implementation of the All India Bar Exam (AIBE) will have to wait for a few more days as the Supreme Court has once again adjourned the matter to October 25, 2010.

The matter which was posted before the Registrar heard the pleas of the Bar Council of India (BCI) to give them additional time to serve notices to the respondents. While the Registrar gave additional time to the BCI, he made it clear that it was the last opportunity that he was according to them and that the court will hear the transfer case on the later date without any further delays.

Speaking to Bar & Bench, Fatehpal Singh, who is one of the petitioners against the AIBE said, “On this occasion also, I was the only one present before the Registrar to argue the case. This is my second appearance before the Registrar. The BCI is just trying to delay the case, because the deadline to fill in the application form is October 31, 2010 and I still haven’t been served the notice.” The BCI is being represented by Advocate Sanjeev Sachdeva while the students are being represented by Advocate Chirag M. Shroff.

9 petitions have been filed in various High Courts and the Chairman of BCI had wanted to transfer these petitions to the Supreme Court. The matter was listed before Chief Justice S.H. Kapadia, Justices K.S. Radhakrishnan and Swatanter Kumar on August 2, 2010 who had ordered notices to be served through all forms, including email and telephone. The Supreme Court has issued notices to all the 9 respondents, to file any objections for the transfer of these petitions before the Supreme Court to Delhi High Court and the matter was posted for hearing on today’s date.

The AIBE which is scheduled to be held on December 5, 2010 has been plagued with problems ever since its inception. From the number of petitions filed in various courts to objections filed by the various State Bar Councils, there has been no end to the hassles. Add to that the hassles faced by the students in receiving the preparatory materials from the BCI in time to prepare for the AIBE to difficulties faced while reaching the BCI given helpline numbers, one wonders what will be the logical conclusion to the AIBE.

Comments(51)

1. "What's the intention of the Supreme Court and the BCI?They are just playing with the life of the law students.BCI is just trying to delay the case....raise the voice against it ". Avimannyu Roy Chowdhury, (Unknown City)
2. "I think 25 oct date is for transfer of cases hearing & not hearing on bar exam case. There is no chance for disposal before 5 dec". Lalit, (Unknown City?)
3. "If this is the fate of the young Advocates, what is the fate of leman in this country.I got enrolled in August 2010, by paying all the fee which was about 5,000/- Ruppes, and I was given a certificate for the same stating to be certifying me as a Advocate, but what is the use of this, having the certificate in hand I cannot go to any court and even the Senior Advocates are not taking us as there Junior. The reason is, I am not supposed to do any act as an Advocate as per the Bar Council Rules until and unless I complete the Bar Exam which is on 5th Dec 2010 and also I should wait for the result which is on 31 Dec 2010.What should I do for all this 5 months for my livelihood, who is going to take care ? Is the Bar Council of India is going to take care OR the State Government. I am in a great depression now don’t know what will happen to petitions the court. This problem is not only faced by me. There are many students who are just waiting for the courts dissections.". Balakrishna.G. M. , Bangalore
4. "i am fully agreed by the above stated statement from my dear young lawyer.[1] first of all i oppose the exam of bci.[2] rules amended by bci are not according to indian constitution.[3] rule are not up to mark . they have targeted the new comers only i mean young lawyer who hay passed recently.[4} if rules is amended on particular day then from that day every one who is enrolled as an advocate should also appear in exam.[5] it seems to me that bci have bagged huge amount from conducting company.[6] bci should have given the contract to conduct the exam to government company or government commission who conduct exams who are engaged in the recruitment process like upsc.[7] the bci has given the contract to conduct the AIBE exam on 05 dec 2010 to rainmaker. bci have to conduct it earlier in the month of jully 2010.[8] who will be responsible for the six month delay. [9] you r called as an advocate but not able to appear in the court so blunder thing amended by bci.[10] lastly in this forum i would like to say that exam for this year should be cancelled and the rule will be applicable for new batch only. and should be applicable for earlier passed graduate of llb who have not yet enrolled as an advocate.[11] the amendment is not according to the constitution .we are indian citizen and we have right to say, speak and right of equality.". B. Amit,
5. "Worst is for batch passing out this year as the notification came in june just prior to the completion of the degree.BCI could have made the batch known to the fact earlier or they could have implemented it from the next batch so that the students mentally prepare for it an year ago.Sudden amendment has led only to confusion nothing else.This exam also questions the validity of the law degree to be competent.". Vipul Sharda, (Unknown City?)
6. "there has been a slight hic-up, i appeared twice, while the direction to issue notice has been made four time by the SC.". Fatehpal Singh, Chandigarh
7. ""I think 25 oct date is for transfer of cases hearing & not hearing on bar exam case. so i reqeueste to all new Advocate who fase the problem of bar exam plese protest the all India bar examination''". Khedkar Abhiman, Aurangabad,Maharastra
8. "All successfull LL.B. graduates completing their 3-years course are entitled for monetary compensation from the Bar Council of India for loss of business by each graduate for about 5 months in the event the Court declares exams illegal.". M.R. Gupta,
9. "I am a non advocate, but strongly support training of Junior advocates with paid apprenticeship (under Apprentices Act). In India engineers are getting paid apprenticeship, Doctors are getting paid residency but advocates are not getting stipend for practical learning whereas junior advocates are exploited by seniors who are not imparting them any training. For such All India Bar Examination there has to be proper syllabus like Apprentices Act. In the first year the stipend be jointly paid by BCI and State Bar Council. I will like to assist new advocates for getting paid training. The BCI and Supreme Court of India could not observe that Form 28 for SLP does not have any column for stating Facts of the case in violation of Supreme Court Rules.". Gyan Prakash, Jabalpur / USA Pittsburgh/ Chicago
10. "How amazing to know that the BCI and SC taking this BCI Exam lineantly without showing any response to the students who have enrolled as an advocate since last 6 months as they have no opportunity to practice without the permission of BCI. How can the BCI suppress the right of practice which is a violation of constitutional right and ..... of indian citizen.Why BCI is degrading the universities which have produced advocates on the terms, conditions and norms mentioned earlier by BCI itself only.Why the universities are not opposing this exam as they themselves are authorised bodies to conduct exams. They should oppose BCIE by showing the disrespect of BCI for the students passed by these universities, so that the BCI may itself conduct all exams of 3 years & 5 years of LLB i.e. internal, external, semister wise etc. so that there will not be any problem in future with the life of the students at last.". Mohd. Naveed, Hyderabad, Andhra Pradesh
11. "Could anyone give the contact number or email of Mr. Fatepal Singh". Ravi, (Unknown City?)
12. "I totally agree with the idea of compensation t be paid by BCI to every single advocate who had passed the llb enam and also got enrolled. To it i will like to add that.... defamation cases should be instituted against them even, for all the humiliation and sufferings we are undergoing. This will be brazen history of Indian Legal system where the apex court is falling in line with a person who even doesnt hold a constitutional post. I think the President of India should have been given such power by our Constitution so that Hes excellency could take up and listen to such matters ofnational importance and specially when it deals with such a class who are as of now frazile. I think its high time that the political parties also should come for our help. But this movement of the advocates should not be made a political bate. Vande mataram". Ravi, (Unknown City?)
13. "I totally agree with the idea of compensation t be paid by BCI to every single advocate who had passed the llb enam and also got enrolled. To it i will like to add that.... defamation cases should be instituted against them even, for all the humiliation and sufferings we are undergoing. This will be brazen history of Indian Legal system where the apex court is falling in line with a person who even doesnt hold a constitutional post. I think the President of India should have been given such power by our Constitution so that Hes excellency could take up and listen to such matters ofnational importance and specially when it deals with such a class who are as of now frazile. I think its high time that the political parties also should come for our help. But this movement of the advocates should not be made a political bate. Vande mataram". Ravi, (Unknown City?)
14. "one more point i will like to pull out is that......as we all know that law is not smth rigid its flexible.....for smth to happen there r various factors responcible for it. So to certain questions of law there can be no fixed answer. eg .whether writ can be issued against a pvt person....there is no fixed rule for this....So wot i purpot to say is OMR system is not smth thats goes well with law exam like this. Becoz the framer of the question ,may frame a question having smth in his mind whereas the person who will answer it will have consider it in sm way other while answering. Where bci fails to adduce any reason for choosing rainmaker ...there can arise doubts about the credibility of rainmaker to come up with framing fair well reasoned question paper. ". Ravi, (Unknown City?)
15. "The AIBE exam right from the start has been a nightmare. Now there are very slim chances of even an Interim Relief in the SC Petition. But the fate of young and promising Advocates hangs in a balance. The noble intentions of BCI behind the AIBE cannot be achieved in such a manner.". Vivek Deo, Mumbai
16. "bci is playing cat & mouse game with the young lawers. we have posted our forms before one & half month. but we didnt get any acknowledgement. we also didnt receive preparatory material.the bci is making unnecessary delay to serve notices from the 2 august in this world of e mail & phoneS. no one taking seriously this matter, neither bci nor state bar councils.". S,
17. "Fatehpal Singh, You are saying that u are only who remain present in SC. You have try to contact others why they not remain present ? They are not interested now ? If u have remaining writ petitioner contact address or number than try to contact them & told them to remain present in SC on 25-10 with all 9 petitioners & make clear strategy towards writ. I request you all the readers of this comments that please remain in contact & remain present in SC on 25-10.". LALIT, JETPUR, GUJARAT
18. "bar council is conducting exam 4 earning money only.". Shweta, Mumbai
19. "I had submitted by application in one of the state bar council in the first week of Se9 2010 and till today i had not got enrolled as an advocate. Only on 20.10.10 the SBC issued me a letter for receipt of application for applying for AIBE exam. The time is very short i had sent my application only on 21.10.10 due to delay and confusion by the SBC & BCI. How could i prepare for the exam in a short period. I had approached many Senior Advocate but they are not willing to take me as Junior. I had already wasted 5 months. BCI should consider and cancel the exams.". Balakumar, (Unknown City?)
20. "Mr. Balakumar it is not that ur the only one who is suffering in this way...there are many of this kind......but BCI and SBC seems be turning a deaf ear towards it. As a Citizen i used to place my utmost trust belief the apex COURT BUT UNFORTUNATELY i m loosing it. If my mental condition is so. wot would be of poor litigants. ". Ravi,
21. "I am at a loss to understand what the BCI wants to achieve by holding the exams in such a hurry. exams are a month away and no acknowlegement of receipt of application, no materials at hand.So much of confusion. The BCI has put on the prep materials in the web which is of 300 pages, i find it foolish to print the same at my expense. BCI has to stop being autocratic and understand the difficulties of the students. Can anyone make them understand the difficulties of students.. ". Prasad, Bangalore
22. "I am at a loss to understand what the BCI wants to achieve by holding the exams in such a hurry. exams are a month away and no acknowlegement of receipt of application, no materials at hand.So much of confusion. The BCI has put on the prep materials in the web which is of 300 pages, i find it foolish to print the same at my expense. BCI has to stop being autocratic and understand the difficulties of the students. Can anyone make them understand the difficulties of students.. ". Prasad, Bangalore
23. "i know may law graduates who somehow managed to puttogether his resources to get this degree. And now after paying almost 5000 for enrollment he is left with only one option "quit". A further burden of 1300 and also a additional cost for those in whose state AIBE will not be conducted and also printing 300 pages of materials.......A real good effort by BCI to push aside these poor graduates. Who have taken this degree with a hope that they will atleast be able to practice independently and earn something. If BCI had the reformatory ideal in mind tah why did not they conduct this exam free of cost or at a very low price, where they feel such a rush for weeding out the black sheeps in the profession. A v Good business stategy ....take 5000 for enrolment and more 1300 for exam....and may be they are thinking of some amount of the same kind for renewing the enrollment......vande mataram". Ravi,
24. "What prevents the Respondents to comeforward and accept the notice to thwart any ulterior designs of BCI (if at all?) That would be a very smart move by the young lawyers, isn't it? But will they do? At least why can't they appoint a common lawyer so that he can accept the notice on behalf of all at one go and take the wind out of the sail of BCI's dilly dallying tactics. It is really a good learning experience for the aspiring lawyers that it is not enough that you know law, you should also know how to hoodwink at the law.". Ramachandran, New Delhi
25. "i would like to say that while perusing llb degree student have to study 30 to 40 subjects of law and is compulsory to pass in the exam with 50 percentage of marks. is this study of law is not sufficient to become an advocate.". B Amit, Pune
26. "i fully agreed with my friends openions and i am also ready to protest against the bci exams. The bci is playing and just targeting the new ll.b graduates and supreme court as well by adjourning the date of hearing. I am very thankful to my these friends who are fighting this case in sc. My openion is we have to make unit our selves to protest against the bci exams.". SIDDHARTHA SINGH, (Unknown City?)
27. "i passed llb (3years course) from nagpur university in 1996 having touching first class even though i was working as an engineer in maharashtra state elec. board in power station doing shift duties . i thought i retire in 2010 august i will do law work in nasik courts by obtaining the necessary certificate from c/a bar association /high court!but this exam news dampened my plans now as i have retired!what to do now pl some body tell me? should i forget all about llb! i want to seek advice from fellow llb !pl . guide me by email . my e -mail id is axkxsx@gmail.com pllllleeeaasse!". Arun Kumar Sharma, (Unknown City?)nashikroad
28. "All d law graduates passed in 2009-10 must unite and protest against AIBE. We shd mov to President, PM, Parliament...But the only question is that 'WHO WILL LEAD US'....? We do not have time to waste in waiting the disposal of writs...". ANANT, BOMBAY
29. "Mr. Anant ur right.......but i think its media who can reach us to their door steps. (PM, PRESI. PARLIAMENT). We all must try and ask the media to come in and dig out wots cooking here. The black sheeps should be brought out before the whole nation and it can be done through media. So plz do wotever u can to bring them in. ". Ravi, (Unknown City)
30. "Mr. Anant ur right.......but i think its media who can reach us to their door steps. (PM, PRESI. PARLIAMENT). We all must try and ask the media to come in and dig out wots cooking here. The black sheeps should be brought out before the whole nation and it can be done through media. So plz do wotever u can to bring them in. ". Ravi, (Unknown City)
31. "I passed LL.B 2009-10 from O.U. We learn in college while doing LL.B that Law profession is divine and noble. Then why BCI and Govt are deprived us to do this after obtained the degree. What they think? Are we not studied Law books and been not taught by our lectures in college. This is the biggest shame and question mark to every Law institution and university. In this costly and fast era , How can a Law graduated candidate sit ideally for 5 month? Who while take responsibly of whole wastage of time? I think, Our nation is greatest democratic country the world and this is the major injustice happend to Law student. The Government has to answer. ". D Krishna Rao, Hydrabad)
32. "Mr. D Krishna Rao Govt does not have time for such issues which are not going to feed their vote banks. The Govt. is to be made to answer. The only way is "pressure group". Guys lets unite and put pressure (within the primises of the Constitution) on Govt to intervene here.". Ravi, (Unknown City?)
33. "NO NEED FOR THE AIBE FOR PARACTICING A LAW OF FRESH LAW GRADUATES AS THEY ALREADY QUALIFIED IN LAW .". Nararayanam Kamala Kumar, TENALI(ANDHRA PRADESH)
34. "NO NEED FOR THE AIBE FOR PARACTICING A LAW OF FRESH LAW GRADUATES AS THEY ALREADY QUALIFIED IN LAW .". Nararayanam Kamala Kumar, TENALI(ANDHRA PRADESH)
35. "halo friends weather the supreme court of India has power to legislate the law if no than how sc could passed this order to conduct aibe that's why both sc and bci using tactic to delay the mater ". Adv. Vikram Tare Patil , (Unknown City? Mumbai
36. "Dear All, I WOULD LIKE TO MAKE A SUBMISSION TO BCI, REGARDING ALL INDIA BAR EXAM.IN FUTURE BCI CAN CONDUCT AIBE SIMULTANEOUSLY ALONG WITH THE FINAL LLB EXAMS, SO THAT STUDENTS CAN PASS THEIR LLB EXAMINATIONS ALONG WITH AIBE AND THEY CAN BE ALLOWED TO PRACTICE AS AN ADVOCATE IMMEDIATELY AFTER PASSING BOTH THE LLB AND AIBE.I HOPE BCI WILL CONSIDER MY OPINION.". Nanchill J Rajkumar, MAML, , Chennai
37. " "I passed LL.B 2009-10, We learn in college while doing LL.B that Law profession is divine and noble. Then why BCI and Govt are deprived us to do this after obtained the degree. What they think? Are we not studied Law books and been not taught by our lectures in college. This is the biggest shame and question mark to every Law institution and university. In this costly and fast era , How can a Law graduated candidate sit ideally for 5 month? Who while take responsibly of whole wastage of time? I think, Our nation is greatest democratic country in the world and this is the major injustice happend to Law student. The Government has to answer. ".whether the Insttitute who are providing LL.B courses not able to do so in that case BCI can cancle the registration of the college ,why the BCI wasting the precious time of students who passed there LL.B giving their valuable time and after that they are still not capable to practice in the court just because of the AIBE exam, suppose the AIBE exam conduct on time can any one give me a clear answer , is it sure who passed the exam of AIBE is perfect for Advocacy.". Raj, Delhi
38. "As per BCI, they are taking exam to improve quality of advocate for legal profession. By this they admit that the present practising advocates are not of good quality and the quality of advocates need improvement. Then why there is discremination between law students passed before 2010 and passed on or after 2010 ? BCI should conduct exam for all advocates of past, present and future. If exam for all advocate is declared then see what will happen. The Chairman has studied the same course material of law which students of 2010 batch have studied. Why law graduate who passed before 2010 but are not enrolled with any SBC are excluded to appear for exam ? Is it not to exclude and favour all those law graduates working on govt. posts in judiciary at present so that they shall start practice immediately on relirement or leaving job ? How BCI guarantees that all such graduates do not need any such exam ? Why all these discreminations ? All are equal before law and our constitution does not permit any kind of discremination among citizens. Let better counsel prevail.". M.R. Gupta, Mumbai
39. "m fully satisfied by all the comments above mentioned.whts the use of ths exam.its directly to restrain the young lawyers.if sme persn is a judge n after retirmnt he wants to get imself enrolld these people will entertain him bt not to us.i req.all the law graduates to raise there voices against ths.plz all the freshers protest as much as u can". Manu Sharma, (Unknown City?)
40. "NO NEED FOR THE A.I.B.E FOR PRACTICING A LAW OF FRESH LAW GRADUATES AS THEY ALREADY QUALIFIED IN LAW . it is big loss because they can't practice for five or six months.it is wastage of time ". Aniruddha Mondal(practicing Lawyear), Kolkata
41. "I am a L.LB student.i am also ready to protest against the bci exams.We learn in college while doing LL.B that Law profession is divine and noble. Then why BCI and Govt are deprived us to do this after obtained the degree. What they think? Are we not studied Law books and been not taught by our lectures in college. This is the biggest shame ". Susmita Mondal, Kolkata
42. "why Bar council has hold all the lawyers degrees in their hand? This is all injustice happening with the law students. we have given exams to pass law. I need to share my personal problem. I have passed law in vary difficult condition. I am single parent of two children, trying to start my career in law becuse there is not any other alternative. but due to this new amendedment of AIBE exam, i am facing too much problem. their might be so many students like me facing difficulties. Judge should think on the other point of veiw. ". Nanda O. Trimukhe, Mumbai
43. "After finishing the professional degree through BCI recognized university, we have right to practice an advocate as per advocate Act 1961 Sec 24. But, all of sudden, the BCI is now conducting Examination for 2009 - 2010 Law degree passed students. This type of Examination should be conducted in other professionals also like Doctors, Engineers and Chartered Accountants. Why this partiality to Advocates only? This examination may be conducted for this year law degree joined students.". MKB RAJAN, Chennai
44. "Government should take quick action on this matter. because 5 months wasting is very crusial time for student.it means there is no importance of law graduates students. Bar & bench is not serious on this matter.Every law student& law university should go on strick for this matter.". Sandeep Kumar, Delhi
45. "I AM LAW GRADUATE & I OPPOSE TO AIBE, WHO GIVE RIGHT TO PLAY WITH THE LIFE OF THE STUDENTS. " POWERS COME WITH THE RESPONSIBILITIES " BCI CONSIDER POWER & FORGOT RESPONSIBILITIES ". RAJ, KHAMGAON
46. "WHO GIVE RIGHT TO BCI, TO PLAY WITH THE LIFE OF THE NEW STUDENTS WHO OBTIONED LAW DEGREE. WITH NEW DRIMS & CREAT SO MANY HOPS ABOUT IT, BY ITS PARENTS. SOME PUPILS NOT GOOD IN ECONOMICAL CONDITION BUT, FACE TO IT. THEY OBTAINED LAW DEGREE, AND NOW BCI TAKE UNLAWFUL PROFIT FROM IT NEEDS. IT IS URGENTLY TO TAKE ACTION AGAINST THE "AIBE". I OPPOSE TO AIBE, THEY THINK AS AN ADVOCATE, NOT AS AN STUDENT. I REQUEST TO BCI PLEASE STAND ON THE POSSITION OF THE NEW LAW GRADUATES. IF HE WANTS TO TAKE AIBE THEN HE PAID MONTHLY. TO PASS OUT OF AIBE FOR 5 YRS. IF IT IS NOT POSSIBLE, THEY NOT DO IT "POWERS COME WITH RESPONSIBILITIES" THE BCI CONSIDER THE POWER NOT RESPONSIBILITIES BCI FORGOT . IT IS NOT FAIR TO TAKE PROFIT IF NO ONE ASK TO YOU ". RAJESH, (Unknown City?)
47. "the exams should be held from the new batch. It should have been prescribed in the Advocates Act before a student takes up the study of law. ". ARJUN, (Unknown City?)
48. "At the outset i feel that an All India Bar Examination is just the thing to weed out the number of loose ass lawyers sitting outside the courts and begging for notarization like pimps (literally...no metaphor intended). The Law degree for 5 years is a stupid joke as well. If you have the guts to compete and take an all india bar exam then do it or else.....well you could just keep notarizing title deeds by buying a stamp for a hundred bucks!!!!". Avinash Chandramouli, Bangalore
49. "i have passed llb in year 2009.Is bar exam is applicable to me if i take registration during the year 2011 ?". JASVINDER SINGH, (Unknown City?)
50. "Sure Success AIBE & JCJ authored by DVRao and Fore worded by Sri Subhasan Reddy, Hon'ble Chief Justice (Retd), High Courts of T.N & Kerala & Former Chairman, APSHRC; Sri A. Narasimha Reddy, The Chairman, Bar council of A.P is released.". DVRao , Hyderabad
51. "Sure Success AIBE & JCJ authored by DVRao and Fore worded by Sri Subhasan Reddy, Hon'ble Chief Justice (Retd), High Courts of T.N & Kerala & Former Chairman, APSHRC; Sri A. Narasimha Reddy, The Chairman, Bar council of A.P is released. For more details visit: Link". DVRao , Hyderabad

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