Exclusive: Contradicting earlier Bar Council of India (BCI) claims, the lawyer of one group of petitioners challenging the all India bar exam said that a large number of students had not yet received their study materials, following an adjournment of today’s Bombay High Court hearing to 23 February.
The writ petition filed against the all India bar examination by three Government Law College (GLC) Mumbai law graduates was posted for hearing in the Bombay High Court today (14 February) after having been taken up for the first time in October last year.
Khaitan Jayakar Sud and Vohra (KJSV) Mumbai-based partner Mohan Jayakar, who is representing the graduate petitioners Kavyal Shah, Karan Adhik and Utkarsh Muzumdar, urged the court to expedite proceedings.
Jayakar told Legally India: “The course material, passes, none of those have been made available. I don’t know how they’re going to permit students to appear for the exam, what are the criteria nobody knows.
“There’s no clarity and the BCI is basically trampling upon the jurisdiction of state bar councils. The only thing which probably the court is considering is that matter is pending before the Supreme Court but we pointed out to the court that merely matters pending in the Supreme Court is irrelevant.”
The retrospective effect on those who fail to clear the exam was worrying, he said, as such graduates could be held in contempt of court.
The second issue was what would happen to graduates who failed an exam allowing retakes (ATKT), added Jayakar.
Earlier this month the BCI announced that out of 22,000 graduates who applied for the bar exam only 38 prospective examinees’ study materials could not be delivered and 377 applications were invalid for other reasons such as faulty payment instructions.
Jayakar claimed that the number of students who had not received study materials was much larger than 38. “We’re going to file an affidavit and in fact there’s a whole bunch of students coming forward to say that we haven’t got it [study material].”
The BCI would have to come forward and take a stand, said Jayakar, after the exam was postponed on two occasions and this time there was no certainty it would get postponed again.
The court today directed the Bar Council of India (BCI) to enter its appearance as the regulatory body has already been served notice.
Additional Solicitor General Khambatta appeared for the Union of India, which is one of the respondents in this petition.
The matter was listed before the chief’s bench as item number 13 today.
BCI chairman Gopal Subramanium was unavailable for comment at the time of going to press.
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Vande mataram.
This is really frustrating, it is almost one year there is not even single rupee income without income how to survive. Supreme Court is watching the play they don't want to take initiate against this issue.
After passing the exam and enrolled as advocate, why BCI is very much particular. 100 questions are not going to settle the advocate's future, to click and stick as advocate it is only hard work and effort not this type of tests. Since one year it is in hanging position spoiling the young lawyers career.
Please don't keep the issue in pending do something and clear the issue for ever.
Thanks.
They always use word Law Graduate batch 2010 who require to clear bar exam.
We are not law graduate after register with state council.
SC has still not hear bar exam writ petition. All are playing with our future.
Regards
please register ur complaints and suggestion to
Remedy
1. Write to Mr. Gopal Subramanium or DLE OF BCI that we dont need money refund. If overwhelming numbers of such letters are received by them then they might call it off.
2. Form a body and meet Such people of BCI and mk them understand the above mentioned proposal.
3. KIAN can help us by posting a voting link here... so as to find how many AIBE registered advocates doesnt want money to be refunded if exam is called off.
4. If at all BCI takes the exam do not make it mandatory becoz it will inflict a lot of hardship un the 2010 batch as we have already started practicing and appearing onbehalf of clients how if we abandon them it will be a mockery on our part.
#13 could be good to go with.
Go & Study.
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