Supreme Court and P&H HC adjourn Bar exam writ petitions to October

Bar & Bench News Network

Sep 06, 2010

The petitions against the implementation of the All India Bar Exam (AIBE) will have to wait another month for it to be heard by the Supreme Court and the Punjab & Haryana High Court.

The matter which was listed before the Chief Justice was later transferred to be heard before the Registrar who ruled that since notices were not served to the respondents, the matter had to be listed after these notices were served. One of the petitioners against the AIBE, Fatehpal Singh spoke to Bar & Bench and said "I was the only one present before the Registrar. Although I am yet to be served notice, I was present before the apex court to argue my case”.

9 petitions have been filed in various High Courts and the Chairman of Bar Council of India (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. The matter has now been listed on October 20, 2010. The AIBE has been scheduled on December 5, 2010.

Separately, the petition filed against the AIBE by NALSAR graduate Fatehpal Singh was also listed before the Punjab & Haryana High Court. This matter has been listed well before the next Supreme Court hearing, on October 7, 2010.

With less than 3 months to go for the first AIBE, confusion prevails over the notices to be served and the jurisdiction of the Courts. In this era of technology, broadband network, emails and phone calls costing less that Re.1, is there no faster and more accurate mode of serving notices to these 9 respondents on an important reform such as the AIBE?

Comments(30)

1. "will the exams be conducted this year? is there a stay order on the exams? because the next date for this matter in the Supreme Court is much beyond the last date to fill the exam forms! is this the way to fool the graduates???? we all know the tactics of the Court to adjourn the matter.. and the end result would be that we all give the exam.. with the matter still pending in the Courts..Thank You its a good way to welcome the fresh law graduates to the profession!". Charu Ambwani, (Unknown City?)
2. "why bci is playing with our career,any one is there to tell confirm about exam confusion,we hope justice will be done for us,as we r going to be part of justice in future.". Mohammed, Andhra Pradesh
3. "The BCI cannot amend the rules without first the Parliament amending the Advocates Act.The decision of BCI is also against the orders passed by a larger Bench of the Apex Court and still the Apex court is not granting stay nor the matter is expedited which is something frustrating for the young budding lawyers. in a way the system is teaching how to keep cool and be immune to injustice". Adv. Prashant Panchakshari, Thane
4. "Why you want to conduct exam for Law graduates before joining bar council?Is there any deficiency in your education system in degree level i.e. LL.B.?Why you create such messy situation.Whether professionals like a Doctor, CA, CS, etc. give entrance exam for enrolling in professional body?I request the Supreme Court to simply quash this notification by BCB.". Daya Poojary, Mumbai
5. "when we all say that the bar exam is totally unwarranted and unnecessory, have we ever thought of the pathetic cituation of present generation lawyers,engaged in all sorts of illegal activities , just to pull on, as the number of lawyers are increasing day by day, even in small villages ?number of law collages are also increasing, in every nooks and corners of the city, without sufficient fascilities and infrastructures.now , it has become a fashion for everyone to have a law degree with him and get enrolled , so that , he will have some dignity in the society.it should be abolished for ever.only those who intends to practise , should be allowed to enroll !remember bar council does not have any idea about how much lawyers on roll are actually practising and how much of them are in foreign countries !and, regarding the standard of legal education in india, it is below average.if you can bye-heart 6 essays of each subject , you can get high mark in that subject, without knowing the legal provisions !it is high time that it should be changed .legal education should be practical oriented, as it is in foreign countries. then, why we all are making this much hue and cry over bar exams ?SALIL KUMAR.PADVOCATETHALASSERY-6701019447536929advocatesalil@gmail.com". Adv.salil Kumarp, Thalassery
6. "they will never quash the WP they ll adjourn it further till the 5th of december and v ll have to give the exams...and order that once the 1st batch is done with their exam.. let the other batches also appear.. why cant the BCI find another way.. the clat sud cover al the law college in india.. let all the law colleges be recognized by the BCI and let the law colleges function property.. its better to filter ppl in the initial levels than in the late levels coz by the end f the law course.. every one is a lawyer.. n they cant do ne thing.. its not that those who don clear the exam don get a law degree.. they r all enrolled.. so the BCI should do sum thin to clear the bar than to segregate ppl n be bias... this is a stupid way to say that this ll bring a social reform.. infact they r just categorising ppl... n nothing else". Law, (Unknown City?)
7. "The proposed exam is with illegal gain. The BCI is itself taking the duty of Parliament means the resolution of the BCI is powered enough to amend the law? The BCI now doing this exam is nothing but clearly cheating the law students. can the entrance exam be implimented in the cae of surgen doctors also?. It is not possible. The BCI is clearly denying the law degree which is given by the approved law universities, and the same means the universities are giving fake degrees? in the Advocates act where it is mentioned that the fresh graduates should undergo an entrance exam? The reason behind this is very suspecious. The fresh graduates should not enter in to this profession without passing the entrance is itself the denial of the profession and against the indian constitution. It cleary indiactes the BCI is challenging the statute. Y the BCI cannot impliment like this one examination immediately after the law result is coming. even if the exam is conducted, y early twice?.y cannot put the exam in 4 times? as the graduates will not loose their chance.Y cannot the BCI cant continue additional option like an apprentiship for 1 year under a senior less than 10 years of practicing experience?.the entire people are expecting ultimately the justice from Hon'ble Court. We think the decision of the court will be in favour to the Law graduates ultimately.". SHINOJ KUMAR, Bangalore
8. "To set standards of legal profession is a welcome step but it should not be a hasty one. The introduction of entrance exam for the law graduates of 2009-10 batch is unwarranted. Before implementing the entrance exam for practising as a lawyer, BCI should intimate the Universities and colleges affiliated with it and more focus should be set on imparting proper education at the institutions. It means that three years(LL.B - I, II, III) from now, exam shall be introduced. On the basis of the result of the exam the recognization of universities and colleges by BCI shall be revived depending upon the preformance of their students.But at the moment this exam is uncalled for. No injustice should be done to them who have spent three years and are eagerly awaiting to start their innings as a lawyer.". Yogesh Dewan, Ludhiana
9. "In India we have number of law colleges even in remote areas of the country,& students are from diferent financial backgrounds.I have seen a poor brilliant student who was my senior begged for his exam fees & to buy books to the teachers,and now he is a Judicial Magistrate!! Whether this means,those students has no knowledge of Law or to simply harass them more?If writs are pending in Courts then why no stay order for DEC Exam, where last date for registration is 30th Sept.? Now in this situation whether we need to register or wait for the decision?Now what would be for those poor students who come under UR category?Whether they need to pay full fee for the exam? I dont think BCI or SC would look into this matter.". Shubhajit Chakraborty, Agartala,Tripura
10. "Exam should not be conducted to the law graduates of the batch 2007-2010.It may be conducted to the next batches.". Eshwar.J, Vijayawada
11. "THE ACT OF BCI IS AN ATTEMPT TO COMMERCIALIZE THE NOBLE PROFESSIONIT MUST BE CONDEMEND IN ALL FORMS". XYZ, HYDERABAD
12. "When i took admission in the B.A.LL.B, i felt proud, that one day i will become a part of the stream containing advocates like Palkiwala and Nariman's, but when i come out with the decree and even after enrolling as advocate, I am not an Advocate. I felt lie a person who has last all his earnings at the age of 70 and has nothing left with him and now has no option then to beg. On hearing the exam, I could not believe on my senses and got shocked because this Bar Council whom i look with respect has played game with me, Let's ask the chairman of BCI, that if his own son or grandson would be in our position does he do the same, by bringing a big full stop on his carrier. This shows the dictatorship of the Bar Council and one day this thing really brings them down. ". JITIN KOHLI, AMBALA
13. "When i took admission in the B.A.LL.B, i felt proud, that one day i will become a part of the stream containing advocates like Palkiwala and Nariman's, but when i come out with the decree and even after enrolling as advocate, I am not an Advocate. I felt lie a person who has last all his earnings at the age of 70 and has nothing left with him and now has no option then to beg. On hearing the exam, I could not believe on my senses and got shocked because this Bar Council whom i look with respect has played game with me, Let's ask the chairman of BCI, that if his own son or grandson would be in our position does he do the same, by bringing a big full stop on his carrier. This shows the dictatorship of the Bar Council and one day this thing really brings them down. ". JITIN KOHLI, AMBALA
14. "Why this stupid idea for selecting advocates ffrom this year till this year bar council was in dormant condition .if bar council conducts exam conduct exam for all advocates then fine .why wasting the time ,.or robing money from poor through aibe .the government has to conducg exam for medicine and engineer Why only for law what is behind this exam.". Radhaa, (Unknown City)
15. "Why this stupid idea for selecting advocates ffrom this year till this year bar council was in dormant condition .if bar council conducts exam conduct exam for all advocates then fine .why wasting the time ,.or robing money from poor through aibe .the government has to conducg exam for medicine and engineer Why only for law what is behind this exam.". Radhaa, (Unknown City)
16. "Is there no other way to torture new law gradutes than this AIBE? Only the students who have passed in 2009-2010 does not have sufficient knowlege of law & the students who have passed earlier are having all knowlege of law. Is this not a mokery? why s.c. wants play with our future?". Suvarna, Dombivali Thane
17. "it is a simple execuse made by the bar council that the law profession will be improved by this bar exam.is this the real thing?.are the law colleges are not recognised by the bci or they have no faith in the system of teaching in the law colleges?.if the legal studies r to be improved then the BCIshould follw strict rules on colleges recognized by them.but instead they play with the life of the students who complete their law degree.i think the supreme court will render justice to the students.lets all hope for the best. ". R.j.parthasarathy , Madurai
18. "sir please make a notification as soon as possible whether bar exam is to be conducted this year". Suganya, (Unknown City?)
19. "AIBE is totally unwarranted. BCI should reconsider its decision.Recent passouts are left in lurch due to a hasty decision of Bar Council of India. ". Yogesh Dewan, Ludhi?na
20. "STOP CONDUCTING AIBE.". CHARLES, (Unknown City?)
21. "by introducing bar exam bar council has not left any option of income with graduats. we r sufferring financially also. huge no. of youngsters not earnig n suffering economically.". Shweta, Pune
22. "Law graduates or the law known people/society today unable to protect their rights under the equality principles which was guaranteed every citizen of India by the Indian Constitution 1950. Like a slavers to the Bar Council of India or the ruler of the legal profession the Bar Council of India passed its ever ended resolution on dated 30-04-2010 imposed / framed certain new conditions/new rules which has compulsorily has to follow every law graduate in India who had been appeared LL.B examinations and passed LL.B 3years/5years examinations during 01-07-2009 To 30-06-2010 say Academic Year 2009-2010. The Bar Council of India or the ruler of the Legal profession in India clearly violated/superseded all the Indian constitutional conventions/principles and philosophies which were guaranteed and adopted by our constituent assembly/constitution framers. So the future of the law graduates and their long periods of studies and also their long hard work and their ambitions and their educational interest was decided by the dictator. Now the final authorities were the Supreme Court of India to decided What Extent Bar Council of India action Was Fair? And The Question which were left out was for the new Legal entrants in the Profession now onwards becomes a game between the Old Law Graduates prior to Academic Year 2009-10 and new law graduates from the academic year 2009-10 onwards? ". Venkatasubbaiah Kadapa, (Unknown City?)
23. "I understand that bat council of india is on dominating and monopolistic position,therefore, taking advantage of this position BCI is putting pressure on the expected fresh law graduates who have passed out final yeat during this acadmic session(2009-10) instead of putting an embargo on the affiliation of sub-standards law colleges those who have no proper infastructure.therefore, it is suggusted if at all the BCI wants to conduct the examination for entracnce of law profession by the law graduate, it should be implemented from the next acadmic session i.e. 2010-11 as this decesion was taken in between acadmic session of this year i.e.2009-10 ". Hemant LL.B, H.A.U. Hisar, Haryana
24. "After doing LLB in 2010. I had joined a company. I was assured of being given handsome salary but when it came to the notice of the employer that from 2010 AIBE is must,they have reduced my salary drastically. Iam suffering huge financial loss as well as humiliation when I see the other LLB graduates which have very little knoledge but have graduated only one year before getting better remunerations. When will the SUPREME COURT intervene and set aside this TUGLAKI FARMAAN of BCI". N Kumari, Dehradun
25. "the decision taken by bci to conduct the aibe is illelegal and unnecessary as this would further put a burden on the students who have passed their all 28 exams and will suffer all bcoz of this stupid idea and would further ruin another 6 months of ours. why gov is not conducting exams for others professions like doctors when even one mistake can send a person to the death zone u r acting like nazis bci and u would be standing defeated by the unity of all of us and have big bash with the money ur extorting from us and dont forget to take ashare of urs from the company rainmaker". Prashant Sood , Kasauli Hp
26. "The decision to conduct AIBE by BCI is unilateral,draconian and unconstitutional. What ever BCI wants to achieve by conducting AIBE can also be achieved by incorporating the same during 3 YEAR STUDY OF LLB.Instead of conducting AIBE, BCI being a regulatory body should propose for common ALL INDIA LAWCET AND COMMON SYLLABUS FOR ALL THE LAW COLLEGES IN INDIA which really make sense and are meaningful. And last but not the least PASSING AIBE DOES NOT ASSURE QUALITY LAWYER IF THAT IS THE CASE WHAT ABOUT THE LAWYERS WHO ARE PRACTISING WITHOUT TAKING AIBE? Will you order prior to 2010 batch lawyers also to take AIBE ? ". Prasad Yelamanchili, Visakhapatnam
27. "world blunder". Smrithi, (Unknown City?)
28. "In India, The power to give recognition to Law colleges rests with the BCI, But we all know, how these affiliations are given by these people. When BCI Which itself grants recognition and affiliation to these law colleges, Then why is the BCI Afraid of the quality of education? ". Aditya, Gurgaon
29. "They are putting unnecessary burden(mentally & financially) on students by conducting this examination, instead of keeping an eye on regular Law examinations in college & Universities. By conducting this examination BCI proof that it does not have not faith in college & universities to whom it had given recognition, grants etc, itself. Conducting this Examination is merely just a DRAMA & harassing students unnecessarily.SO, BCI SHOULD THINK OVER IT TWICE, THRICE & SO ON". Jatinder Pal Singh, Ludhiana
30. "i agree with all the students, it is really a autocratic way to impose such a exam on a new comer of law graduate. there is stay in many court and all 9 cases as to transfer to supreme court. we all know that in bhopal gas case it took approx 25 years for justice,now it will take 20 to 30 years to know wheather to conduct a exam or not,what about the present and future law students situtaion.it is better not to amend any new laws for a law proffesion.already we are using the old 200 years law of birtish suddenly why change.bci is in need of money thats why they are quarrling money form the student. if they are really interested in uplifting the profession.they must take care of the syllabus and try to improve in some other matter.this bci exam is really an eye wash.". B.l.shankar, Chennai

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