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The petitioners would be put to tremendous hardship and it would tantamount to an unreasonable restriction on the petitioner’s right to profession guaranteed under Article 19(1)(g) of the Constitution of India, 1950, the plea states
Supreme Court on Friday has sought for the Bar Council of India's response on a petition against the prohibition of final year law students from registering and consequently appearing in the All India Bar Examination.
The petitioners, who are final year students of LL. B at Campus law Centre and Law centre-1, Faculty of Law, University of Delhi, argue that this prohibition is in contravention to the dictum of the Constitution bench of the Supreme Court in Bar Council of India vs. Bonnie Foi Law College.
Court has been told 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 has 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 submits.
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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