Bar Exam update: CJI refuses request for mentioning of the matter; Next course of action only after court vacations

Bar & Bench News Network

Oct 29, 2010

The options for the petitioners against the All India Bar Exam (AIBE) seem to be running out, after yet another setback. After frequent adjournments, the latest of which came yesterday when the matter was delayed by yet another day due to a delay in sending the file to the Registrar’s court. Today the Chief Justice of India, S.H. Kapadia refused to heed the request of the petitioners regarding the mentioning of the matter.

If urgent relief or directions are required in a fresh matter or in a pending matter, either the party-in-person or his advocate can give request in the prescribed form called Listing Performa to Assistant Registrar (Mentioning).

Speaking to Bar & Bench, Anirudh Rajput who is Senior Counsel Dushyant Dave’s assistant said, “The CJI who has the power whether to mention the matter or not refused our request.” On asked about the next course of action for the petitioners, Anirudh said that they have the option of bringing up the Registrar’s last order which said that the Bar Council of India (BCI) must serve notices to the petitioner respondents.

On asked why has there been a delay in serving the notices to the petitioner respondents, spokesperson of the BCI, Gopal Sankaranarayanan told Bar & Bench, “ Every effort has been made by the BCI to serve the notices to the petitioner respondents of this case. We have already sent a large number of notices and are waiting for their acknowledgement regarding the receiving of the notices. Since there are a large number of respondents, and additional respondents etc., the process is taking time. Once the court reopens we can give a clearer picture of our position.”

However this course of action can only take place once the court re-opens after a week of Diwali vacations on November 8, 2010. By then though, the last date for registering for the AIBE, which is October 31, 2010, will have passed. President of the National Delegation of Law Students Siddharth S. Seth while expressing his disappointment with the latest development is confident of taking their fight forward.

Comments(27)

1. "so its confirm that exam is there,this is clearly playing with career of students,cji and bci chairman r both looks like brothers,twin brothers.". Ilshiva, (Unknown City?)
2. "guys we r the victims of this legal system........promise to oneself that once when we r done with the exam .....and become full fledged advocates we will do away with evils like this...so that no one can play with justice.........Wot else can be called to be legal terrorism!". Ravi, (Unknown City?)
3. "Its not expected from CJI,who is the protector of the rights of the people.By refusing CJI force to think that he is not above all corruption.On the other hand media is also not doing their duty,they are just silent regarding AIBE.ITS TIME TO RAISE VOICE AGAINST IT MY DEAR FRIENDS...COME ON. ". Avimannyu Roy Chowdhury,
4. "Delay amounts denined". Adv ?, Akure
5. "money power in judiciary". Unni Angamaly, (Unknown City?)
6. "Request to all Indian Legal experts/stars to come up with their legal expertise knowledge to solve the problem of All India Bar Examinations this problem was not only for all new advocates who entering into the practice of law in India. It shows that the Ministry of Law the Government of India namely the Executive of India Passed Gazette on dated 12th June 2010 on the basis of the Body Corporate Resolution wide on dated 30th April 2010 by The Bar Council of India Without any approval of any one of the State Bar Councils in India and exercised the Indian Sovereign legislative power to Amend the Basic features/principle of the Advocates Act 1961 which even violates all Indian Constitutional philosophies and also violating all Indian democratic and republic principles which all guaranteed by our Constitutional framers of the Indian Constitution 195o.". Venkatasubbaiah Kadapa, Bangalore
7. "Avimannyu Roy Chowdhury...this is wot i have been asking everyone to do...protest...ask the media...send them emails...to every channels..and media.....only then the blacksheeps will be highlighted....". Ravi, (Unknown City?)
8. "yes i too agree ..............everyone to do...protest...ask the media...send them emails...to every channels..and media.....only then the blacksheeps will be highlighted..". Kuttan , (Unknown City?)
9. "Those who completed Law Course are very anxious to enroll as lawyers. Once Bar exam and regulating the law colleges has been announced, some colleges already have existed from the scene. Lo! During course period, most law students are not serious in their academic pursuits. This is the legal education standard prevailing India. In the past, law was the last resort for students after exhausting all courses. Even now the brightest go for medicine and management. So there should not be any regret to appear for the bar exam. Once the initial pangs are gone through, the bar exam will become a normal affair for law students. Students should be happy that there is no apprenticeship for one year which prevailed a few years ago. ". SRIHARI YV, CHENNAI
10. "It is my request to every law student and practising advocate also to raise their voice against BCI in every possible way. BCI is only playing game with our career. ". Puja Beriwal, Kolkata
11. "i agree with u Ravi...if our situation is like dis nobody will get justice,justice delayed is justice denied....wen we r done with dis then we have to fight against dis..... ". Sam, (Unknown City?)kochi
12. "It is the petitioner students who are to blame for the delay. All of them know for certain that they have to receive the notice. They could have simply appointed a single Advocate in New delhi to receive the notice on their behalf. BCI would have served the notice, got acknowledgement, informed the Registrar - the matter would have proceeded. BUT INSTEAD OF DOING THINGS IN AN INTELLIGENT WAY THEY ARE TRYING TO BLAM EVERY ONE ELSE. WHAT A PITY.". Madan, (Unknown City?)
13. "The Bar Council of India adopted now new splitting policy in the practice law in India. The same was opposed by all parts of the India. The Bar Council of India's target was not allowing to do practice advocates who were enrolled and got LL.B Degree in the academic year 2090-2010 and others are entitled to practice law without passing any All India Examinations. The splitting policy was opposed by ever advocate through filing Public Interest Litigation (PIL) before the various High Courts. Even I also Filed PIL before the Hon'ble High Court of Karnataka at Bangalore Same was Adjourned with SINE DIE due to the matter was pending for hearing at Supreme Court Of India.Hence my request is need further expertise guidance how to move further in this matter my Email shreevanikadapa@gmail.com Cell No.09343763457 and Writ Petition No 29275/2010 (EDN-RES) High Court of Karnataka. Petitioner Venkata Subbaiah kadapa Party in person. filed in the Hon'ble High Court of Karnataka at Bangalore. ". Venkatasubbaiah Kadapa, Bangalore
14. "I agree with @12. It must be done for fast hearing of writ petition case. Problem is from our side not from BCI. They want to delay. All the petitioner must remain himself or an advocate on behalf of them so that problem solve". Lalit, (Unknown City?)
15. "My humble request firstly to to The Petitioners and The Bar Council of India to send a copy of original Nine Writ Petition filed before the The Applicants/Petitioners. Secondly and also the copy of the Transfer petition filed in before the Hon'ble Supreme Court of India wide their Transfer Petitions (Civil) Nos 698-702.Hence I Can move My writ Petition Under Public Interest litigation filed in before the Hon'ble High Court of Karnataka writ petition No.29275/2010(EDN-RES) Against the All India Bar Examinations. So Please help me in this regard to continue the case against the Bar Council of India at the Hon'ble High Court of Karnataka. On dated 30th September 2010 adjourned with SINE DIE by the Hon'ble High Court of Karnataka at Bangalore due to the same matter was pending before the Hon'ble Supreme Court of India. Now I also needs supportive grounds to move further. Friends this is not the correct time to think and comment who is correct whether the petitioner or the respondents the law students or the bar council of India are not the matters. Our goal is to oppose and get protection against the All India Bar Examinations. Why because friends which brings two types of practicing lawyers in law profession in India. please we all to move unitedly to win the same. My email shreevanikadapa@gmail.com". Venkatasubbaiah Kadapa, Bangalore
16. "The Bar Council of India adopted now new splitting policy in the practice law in India. The same was opposed by all parts of the India. The Bar Council of India's target was not allowing to do practice advocates who were enrolled and got LL.B Degree in the academic year 2009-2010 and others are entitled to practice law without passing any All India Examinations. The splitting policy was opposed by every advocate through filing Public Interest Litigation (PIL) before the various High Courts. Even I also Filed PIL before the Hon'ble High Court of Karnataka at Bangalore Same was Adjourned with SINE DIE due to the matter was pending for hearing at Supreme Court Of India. Hence, my request is need further expertise guidance how to move further in this matter my Email shreevanikadapa@gmail.com Cell No.09343763457 and Writ Petition No 29275/2010 (EDN-RES) High Court of Karnataka. Petitioner Venkata Subbaiah kadapa Party in person. Filed in the Honâ€™ble High Court of Karnataka at Bangalore. ". Venkatasubbaiah Kadapa, Bangalore
17. "Look at these comments. Do you still think the Bar exam is not required?". Res Ipsa Loquitor, New York
18. "Guys just ignore New york coz wot he wants is attention and nothing else. Had he had lille knowledge of law then he would have put down wot would have been the correct way....So its worth ignoring him.......". Ravi, (Unknown City?)
19. "Haha. I see what you're getting at #17. Couldn't agree more.". Abc, New York
20. "Hi Readers,The present CJI is amongst the most thoughtful legal brains in the country. The only reason, which according to me is just and reasonable, Hon'ble CJI wants to do away with the practice of "early morning mentioning" before the Hon'ble Court, because a beautiful system is widely misused and manipulated by some of the lawyers and the Hon'ble CJI simply wants to eliminate the evil practices from the noble profession called advocacy.Never forget the winds of reforms are slow unlike a tornado or volcano. Wishing all the future lawyers very best.RegardsAmit PateriaAdvocate & Consultant (Law)Supreme Court of India.". Amit Pateria, New Delhi
21. "no other professional have to write a exam after completing the prescribed course say a doctor or engineer does not write an exam to start his practice then why only lawyers. if quality of legal education is low or lawyers are not up to mark let the market or clients decide for that. how can a 3.5 hours bci exam decide good from so called bad lawyers. this is discrimination all have to rise voice against this. thank you.". N Sai, Visakhapatnam
22. "yes i agree. this is a good decision for upcoming advocates.". Sikder Soleman, Guwahati, Assam
23. "U guys have been shown ur position. The last nail is pricked on ur face. By SC. Ha ha ha..... Now the exam will be on...and we have our hand on u....finally". Osama, (Unknown City)
24. "Do you guys know that the former nls teacher who was in the bcis directorate of legal education was asked to submit his resignation because there was some issue about the exams? he is now joining luthra in Delhi". Druid One, Kanpur
25. "why you r playing with our professional career? ". Sharad, (Unknown City?)
26. "My humble question to Bar Council of India1. whether discipline should need to only young advocates only?2. Whether conducting this exam improve the advocates discipline and our profession?3. Why don't BCI conduct this exam directly?4. Whether The Rain Maker company is an indian company?". S.S.MUTHURAJAN, SIVAKASI
27. "Ok good you want to conduct an exam, but why in such a hurry, at least get the proposition right, the procedure right and everything regarding it right, then go for it. Now when you had to conduct it in 2011, why is the 2010 batching hanging in between, is it so necessary for the 2010 batch to give it. Well i can think of only one reason why Gopal wants the exam. So that he can get his name attached to it and inscribed in legal history. He doesn't care about the level of legal education or about the us. He only cares about how famous he will get all over the world once it starts. If he did care he would have taken time and perfected it and then proceed... there are lakhs of lawyers practicing, and according to him, if 2010 batch practice w/o giving the exam, all hell will break lose and the profession will go down the drain.". Karan, (Unknown City?)

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