A two-judge bench of Justices H.L. Dattu and Anil R. Dave of the Supreme Court of India has stayed the injunction granted by the Calcutta High Court in the AIBE matter. The BCI Secretary has confirmed that the results of the 3rd AIBE held on January 8, 2012 shall be released within the next 72 hours.
A two-judge bench of Justices H.L. Dattu and Anil R. Dave of the Supreme Court of India has stayed the injunction granted by the Calcutta High Court in the AIBE matter. The BCI Secretary has confirmed that the results of the 3rd AIBE held on January 8, 2012 is expected to be released within the next 72 hours.
Filed by Advocate on Record, Ardhendumauli Kumar Prasad, SLP (C) 4089/2012 titled Bar Council of India v Debraj Mallick & Ors had Senior Counsel Parag Tripathi appearing on behalf of Petitioner. Tripathy successfully obtained notice in the said matter and and also got a stay on the impugned order passed by the Calcutta High Court.
As reported by Bar & Bench, law graduate Debraj Mallick had filed a writ petition before the Calcutta High Court [WP 2215(W) of 2011] challenging the Rules 9,10(1)(h) and 11 inserted in Part VI of Chapter III of the Bar Council of India Rules – Conditions for Right to Practise (the Rules).
Mallick was aggreived by the fact that the Rules prevented him from practicing as an advocate after he failed to clear the AIBE .
On December 23, 2011, Justice JK Biswas of the Calcutta High Court heard the writ and granted an injunction preventing the BCI to release the results of the 3rd AIBE. However, the Calcutta High Court did not restrain the BCI from conducting the AIBE itself.
The order of December 23, 2011 (a copy of which is with Bar & Bench) clearly shows that the Hon'ble High Court had granted the injunction, in part, due to the unanimous resolution passed in the All India Convention of Indian State Bar Councils. As per the said resolution, the BCI would be requested to reconsider repealing the Rules.
The SLP filed by the BCI against this decision (a copy of which is with Bar & Bench) argues, inter alia, that the Mallick lacked the locus standi to challenge the Rules. The petition further argues that interim relief must be granted given the fact that the BCI has been merely following the directions granted by the Supreme Court itself.
Legal proceedings aside, the decision today is indeed a welcome relief for the 22,000 lawyers who had written the exam.