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Top Court had previously noted that it would be manifestly unjust if the large number of students who are qualified in terms of the suggestion of this court were deprived of appearing for the AIBE
The Supreme Court was on Friday informed by the Bar Council of India that it had complied with the court's earlier order allowing final year law students to appear in the All India Bar Examination to be held on November 24th, 2024.
"For the next exam rules are ready, we just have to put it to the stakeholders. Please keep it after four weeks.", court was further informed by the BCI counsel.
Top Court's interim order was passed in a petition by final year students of LL. B at Campus law Centre and Law centre-1, Faculty of Law, University of Delhi, who argued that this prohibition on final year law students from appearing for the AIBE was in contravention to the dictum of the Constitution bench of the Supreme Court in Bar Council of India vs. Bonnie Foi Law College.
"This judgment was delivered in February 2023, what was the BCI doing!", a miffed CJI had asked the BCI counsel.
While passing the interim order allowing the final year law students to appear in the AIBE, court said, "We are conscious of the fact that in absence of such a direction, students who have no control over the final year results would be left in the lurch.".
The petition submitted that as per the notification issued on XIX AIBE, scheduled to be held on November 24, 2024, the eligibility criteria to undertake the said examination had restricted to advocates already enrolled in a state bar council.
"The petitioner would lose valuable time in pursuing their professional endeavours in the light of the restrictive eligibility criteria for undertaking the said examination. It is to be noted that the passing of AIBE is a condition precedent for considering D Version: v2 the candidature of the petitioners in various organizations...", the plea submitted.
Filed by 9 final year law students, the plea argues BCI not permitting the final semester students from undertaking the AIBE-19 directly defies the mandate of holding the examination twice a year.
Accordingly, a writ of mandamus directing the BCI to allow the petitioners to undertake the All India Bar Examination -XIX has been sought.
The petition has been drafted and filed by AOR A Velan.
Case Title: Nilay Rai & Ors. vs. Bar Council of India Through its Chairman
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