The Supreme Court seems to be testing the patience of the large number of law students affected by the first All India Bar Exam (AIBE). The apex court has once again adjourned the transfer hearing to October 28, 2010, thereby extending the time given to the Bar Council of India (BCI) to serve notices to the respondent petitioners. On October 20, 2010, the SC had yet again extended the time given to the BCI to serve the notices by October 25, 2010.
The Supreme Court seems to be testing the patience of the large number of law students affected by the first All India Bar Exam (AIBE). The apex court has once again adjourned the transfer hearing to October 28, 2010, thereby extending the time given to the Bar Council of India (BCI) to serve notices to the respondent petitioners. On October 20, 2010, the SC had yet again extended the time given to the BCI to serve the notices by October 25, 2010.
Speaking to Bar & Bench, Fatehpal Singh, who is one of the petitioners against the AIBE said, “The Registrar once again adjourned the matter. We asked the Registrar that the matter needs to be listed before a judge for hearing and also told him to delete the names of the Petitioners who haven’t been served the notices as yet, but the Registrar refused to do so. We had also argued that on the last hearing the BCI had been given a last chance to serve the notices and this is just another instance of the delaying tactics adopted by the BCI, but to no avail.”
The BCI has informed us by email that the Registrar said nothing about dismissing the petitions and the Registrar made no note in the court records. Also, the Registrar said nothing about the "frequent delaying tactics" of the BCI.
[Bar & Bench in its previous version had unintentionally reported about the Registrar dismissing the petition and making a court record of the same.]
It seems inconceivable that the BCI should take such a long time to serve notices to the parties in the days of super fast internet connections. The apex court had already on an earlier hearing had instructed the BCI to serve notices through email, telephone, fax and any other means as required.
A copy of the Supreme Court order is available here.
Comments
SVT
October 25, 2010 - 3:02pmfirst they need to get the petitioned transferred, then our expedient Apex Court needs to hear the matter and then may be decide on the AIBE, and all this before the 5th of December. Ha. Oh BCI your hypocrisy amuses me, how do you expect us to believe that you can be entrusted with our future when you can't obviously be entrusted with even the mundane job of serving notices. Its a travesty that none of the BCI members sat for any AIBE themselves, i doubt any of them would have been able to send their application forms in time.Such moral hogwash.
NEERAJ SHARMA
October 26, 2010 - 1:03pmthis test is not fairly conducted by the BCI.BCI merely playing with the future of the yung advocates.If BCI wants the cream advocates in country,the test is not the solution,all shops [private institution ]who are the liesence holders by the bci to run the institute without sufficiant infastructure should be stoped.the autocretic behevier of BCI must be cheked.i dont understand the thing that why BCI wants to implement this test over the batch of 2009-10 hurrily without giving them infomation in their prospectous of law at the time of they were taking the addmition as alaw student.BCI is putting very hard burdon on the minds of fresh advocats and this act of BCI is very frustreted.i reqested the all law students and who has been passed the law in the acedmic year 2009-2010 that plz rais their voices against the adament descison of BCI to conduct that kind of unfair test.I requested all students of different states to protest against this test.
Aditya Sharma
October 26, 2010 - 5:38pmI am sure that there is something fishy in this Mysterious deal between the BCI and Rainmaker company. No proper method has been followed in appointing the company . Moreover the company has no experience in conducting a large scale examination like the AIBE. The BCI is just playing with the future of young Advocates. This is just a Clear breach of the Fundamental rights . Let us hope that the Hon'ble Supreme court takes view of the plight of thousands of advocates whose future remains uncertain. The BCI is just resorting to delaying tactics.
Venkatasubbaiah...
October 26, 2010 - 7:15pmThe basic constitutional Principles in India works through the Democratic governing systems namely known as "The RULE of Law". The new conditions/rules framed by the Bar Council of India New Delhi for Law Graduates to appear the First Ever All India Bar Examinations which was scheduled on 5th December 2010. The one successful tactics placed before this Hon'ble Supreme Court of India for granting permission to transfer all pending cases pertaining to All India Bar Examinations with the various High Courts of India. Now all Hon'ble High Courts in India not permitted the cases of All India Bar Examinations for further hearings. I am also one of the victims for this instance. I have filed a Writ Petition-Public Interest Litigation as a Party in Person Under Article 226 of the Constitution of India Before the Hon'ble High Court of Karnataka at Bangalore against the All India Bar Examinations conducting by the Bar Council of India scheduled on December 2010. The Writ Petition was listed before the Court Hall No.1 at Bangalore the bench with the Hon'ble Chief Justice of Karnataka on dated 30th September 2010 and at the time of hearings the case the Hon'ble Chief Justice of High Court of Karnataka adjourned the case with SINE DIE since the matter was pending before the Hon'ble Supreme Court of India and my grievance is that the All India Bar Examinations dates fixed by the Bar Council of India reaching very fast and the cases were not heard either in the Hon'ble High Courts of various States nor neither before the Hon'ble Supreme Court of India and Who will Solve the Problems of Law Graduates (Academic Year 2009-2010). O God Please Help in this regard.
unknown
October 27, 2010 - 10:41am"syop playing with the future of law students"
kuttan
October 28, 2010 - 12:23amyes stop playing with the future of law students
Doc
October 28, 2010 - 12:22amThis is total misreporting. The Registrar does not take notice of any delaying tactics. Your friend Fatehpal has taken you for a ride. Its surprising that Bar and Bench has become another gossip vehicle, rather than sticking to confirmed reports. There is no note in the records and no threat that the Transfer Petitions will be dismissed. How could you even report something like this? The Order of the Registrar is this:ITEM NO.10 REGISTRAR COURT.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAH TRANSFER PETITION (CIVIL.) NO(s). 697-702 OF 2010BAR COUNCIL OF INDIA Petitioner(s) VERSUSBABUBHAI VAGHELA & ORS. Respondent(s)(With appln(s) for stay)Date: 25/10/2010 These Petitions were called on for hearing today.For Petitioner(s) Mr. Sanjeev Sachdeva,Adv.For Respondent(s) Mr Dattatrey Vyas, Adv. Mr.Chirag M.Shroff,Adv. Mr. A.Venayagam Balan ,Adv Mr Fatehpal Sing(in-person). UPON hearing counsel the Court made the following O R D E R Some of the respondents are served and they arepressing to list the matter before the Hon'ble Court statingthat the last date for registration of exam is 30.10.2010. However, this Court has no jurisdiction to order tolist the matter before the Hon'ble Court without confirmationof service and without completing the pleadings, as per rules. In view of such limitation, I have no option but to
ravi
October 28, 2010 - 12:35pmNow this is yet another interesting turn that took place after the reporting of DOC, Delhi @ 13. It seems that everyone is feeding fat their apetite its only us the Advocates (for name sake) who are constantly linguishing to nothing.
Yelamanchili Prasad
October 28, 2010 - 11:46pmAIBE is such an important issue to be decided either by SC or any other HC as directed by SC as the deadline for applications is 31 Oct 2010 and the exam date is also fast approaching, but the way things are shaping up it is evident that this matter is not given due importance. In my opinion " BCI SHOULD INCORPORATE DURING THE 3/5 YEAR LLB COURSE WHAT EVER THEY WANT ACHIEVE BY CONDUCTING AIBE " WHY CONDUCT AIBE WHICH IS AGAINST PRINCIPLES OF NATURAL JUSTICE.
Venkatasubbaiah...
October 29, 2010 - 4:46pmWhere is current updates about All India Bar Examinations suddenly what happened to updates to Bar And Bench Site up to 25th of October 2010 updates are available then suddenly stopped to update this site please update the progress of Supreme Court Hearing made on 28th of October, 2010.
Venkatasubbaiah...
October 29, 2010 - 4:45pmWhere is current updates about All India Bar Examinations suddenly what happened to updates to Bar And Bench Site up to 25th of October 2010 updates are available then suddenly stopped to update this site please update the progress of Supreme Court Hearing made on 28th of October, 2010.
b amit
October 25, 2010 - 6:25pmaisa prtit hota hay ki bhartiya raj garane me raja avam sena pati don mil kar praja ke satha khel khel rahe hay.
Sanket
October 30, 2010 - 12:33pmFriends,the fact about aibe resolution is much different than that it appears. i think, bci committe is only the puppet but (edited) for passing this resolution. if this is not so, then why the bci is in a hurry to conduct aibe n turning deaf ears to respective bcs and llb students ? and why the authorities are not handling this issue seriously ?
Sanket
October 30, 2010 - 12:30pmaibe resolution should be cancelled as many of the students have not recieved any study material till date and its really not possible to prepare for aibe as it is impossible to study 24 subjects or law bare acts within a month. bci and director(minister) behind the curtain is playing with our future for their personnal benefit. friends, are we not strong enough to protest against this injustice ? . its time to unite and show our strength. (friends, plz pass this message to everybody)
RAJESH KUMAR BO...
November 2, 2010 - 1:35pmmy dear advocate friends,though AIBE Is important for us in nearby future,but advocating rightnow i,e 2009-2010 is null and ultravires,as such before enrolement at states bar councils this has to be informed,while eligible CETs is going to be notified before december every year across the country, why such exam anounced hurry?what is objective? as an scheduled caste advocate iam opposing such move by BCI.
sudam morade
November 5, 2010 - 6:36pmI am sure that there is something fishy in this Mysterious deal between the BCI and Rainmaker company. No proper method has been followed in appointing the company . Moreover the company has no experience in conducting a large scale examination like the AIBE. The BCI is just playing with the future of young Advocates. This is just a Clear breach of the Fundamental rights . Let us hope that the Hon'ble Supreme court takes view of the plight of thousands of advocates whose future remains uncertain. The BCI is just resorting to delaying tactics.".
sudam morade
November 5, 2010 - 8:48pmI am sure that there is something fishy in this Mysterious deal between the BCI and Rainmaker company. No proper method has been followed in appointing the company . Moreover the company has no experience in conducting a large scale examination like the AIBE. The BCI is just playing with the future of young Advocates. This is just a Clear breach of the Fundamental rights . Let us hope that the Hon'ble Supreme court takes view of the plight of thousands of advocates whose future remains uncertain. The BCI is just resorting to delaying tactics.".
Abhiman
November 10, 2010 - 12:17am"Justice delayed justice denied.Judgment delayed students misguided.I actually want to know will the entire process be completed within 30th Oct,2010 or 30th Oct,2011????Leave apart the date of exam!!!!Purely The exam date came but till today court not give jadgment. it is fact thhhat todays lowyer also not excuse fro denaing justice"
XYZ
November 11, 2010 - 7:08pmBCI have not taken the State's Bar Council in confidence and went ahead with the proposal is the violation of the democratic set up....which is causing all the delay..
Hemang
November 12, 2010 - 12:49pmWht is last update from SC 25/10/2010 is already passed away AIBE is there or not ????????????
Abhinaba Banerjee
November 15, 2010 - 11:38amAIBE examination should be cancelled.We yet not received any study materials.The bar council had taken a unconstitutional step.
Abhinaba Banerjee
November 15, 2010 - 11:36amAIBE examination should be cancelled.We yet not received any study materials.The bar council had taken a unconstitutional step.
Bashudeb Guha
October 25, 2010 - 6:25pmJustice delayed justice denied.Judgment delayed students misguided.I actually want to know will the entire process be completed within 30th Oct,2010 or 30th Oct,2011????Leave apart the date of exam!!!!Purely disgusting????
sameer rehan
November 17, 2010 - 12:20pmi havn't yet received preparatory materials ........how should i prepare........bci is really playing with the future of the law graduates......
rohit mishra
January 25, 2011 - 4:35pmif AIBE exam must for Fresh law graduate then it is must for all Law practitioner because rule is rule.Either firstl all bar council of india memeber clear that exam then we attempt that exam gradually.And law minister virappa moilly also clear AIBE exam show us good example for desire person.
shailesh Dubey
February 19, 2011 - 10:26amwhat is the necessity to put an exam? where we have not passed the 5 or 3 years course? it should be put before completing the law course. if there are more becoming the advocates then ban on the course of LL.B. BCI has firstly change the question paper pattern, then also we pass the exam, then again putting the AIBE exam, what is on the mind of BCI i never understood.......i think they don't wanna see new advocates practising before the courts.SHAILESH DUBEY, Mumbai.
shailesh Dubey
February 19, 2011 - 11:10amwhat is the necessity to put an exam? where we have not passed the 5 or 3 years course? it should be put before completing the law course. if there are more becoming the advocates then ban on the course of LL.B. BCI has firstly change the question paper pattern, then also we pass the exam, then again putting the AIBE exam, what is on the mind of BCI i never understood.......i think they don't wanna see new advocates practicing before the courts.SHAILESH DUBEY, Mumbai.
shailesh Dubey
February 19, 2011 - 11:31amwhat is the necessity to put an exam? where we have not passed the 5 or 3 years course? it should be put before completing the law course. if there are more becoming the advocates then ban on the course of LL.B. BCI has firstly change the question paper pattern, then also we pass the exam, then again putting the AIBE exam, what is on the mind of BCI i never understood.......still i have not received study materials, i think they don't wanna see new advocates practicing before the courts.SHAILESH DUBEY, Mumbai.
che guevera
February 22, 2011 - 12:17amso dear young law graduates what shall we do? simply by writing in this page is enough.These are clear indications of corrupted justice.It is easy for the millionaire to get this certificate that too illegal.Think colleagues,even the fundamental rights of our constitution not protected the upcoming law students which shows the wrong path of our beloved martyrs and not respected by these mortgaged heart people.Such kind of people who are not implementing even the fundamental rights and violating these rights are going to save this country.What is going on here? i.e.in this country.Are we all Indians or we are living in some other country.See friends we all know that what recently happened in Egypt and Now It is the time for us to do the same to save our future as well our country from this corrupted people.Come on dear friends and colleagues to save our country.
Bashudeb Guha
October 25, 2010 - 6:25pmIt really hurts to see that all leading dignitaries are playing with us. Till now I actually don’t know what is the utility of AIBE .If eradicating the conventional problem is the utility, then such exams should be made mandatory for all professional courses. Then why alone law???????????
P
October 25, 2010 - 11:25pmIt is not expected from the apex court which is for the protection of fundamental rights. One can understand that bar council is only protecting the interests of rain maker and not of the young lawyers. Now sc will hear all original petitioners on 28 and will allow or dismiss transfer petition. Whatever the decision of sc, the matter can not be decided till 8 nov because of vacations.
venkatasubbaiah...
October 25, 2010 - 11:25pmToday the Registrar of the Supreme Court of India further adjourned the case of transfer hearing to October 28, 2010 due to non serving of notice by the Bar Council of India New Delhi to respondents. Now the Bar Council of India New Delhi or say the present ruler of legal education in India imposed new rules/conditions in association with their Rain Maker say the contractor for to conduct First Ever All India Bar Examinations on December 5th 2010 to the all law graduates (from Academic Year 2009-2010) to practice law profession in India even after the enrollment as advocates with the respective State Bar Councils. Now the first question arises generally in the minds of all law graduates (graduated from academic year 2009-2010) why the first speedy action taken by the Bar Council of India to impose new rules/conditions on the all law graduates on their resolution dated 30th April 2010 which applicable to very begging of the academic year 2009-2010 and the BCI action taken very fast and now the BCI not properly responding at all even before the Apex court of the land in the country. Now the second question is what exactly the Bar Council of India the ruler of the legal profession in India wants to prove for delaying the action before the Supreme Court of India??????
Kuttan
October 26, 2010 - 12:37amIt really hurts to see that all leading dignitaries are playing with us
ravi
October 26, 2010 - 10:57amGuys plz request the media to intervene and bring out to the nation wots cooking between bci and rainmaker and how the lots of the advocates are being wasted and ruined. If this is not legal terrorism then wot is?
NEERAJ SHARMA
October 26, 2010 - 12:58pmthis test is not fairly conducted by the BCI.BCI merely playing with the future of the yung advocates.If BCI wants the cream advocates in country,the test is not the solution,all shops [private institution ]who are the liesence holders by the bci to run the institute without sufficiant infastructure should be stoped.the autocretic behevier of BCI must be cheked.i dont understand the thing that why BCI wants to implement this test over the batch of 2009-10 hurrily without giving them infomation in their prospectous of law at the time of they were taking the addmition as alaw student.BCI is putting very hard burdon on the minds of fresh advocats and this act of BCI is very frustreted.i reqested the all law students and who has been passed the law in the acedmic year 2009-2010 that plz rais their voices against the adament descison of BCI to conduct that kind of unfair test.I requested all students of different states to protest against this test.
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