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Bar exam SC avenues exhausted as matter won’t be heard before 5 Dec

The Aurangabad student respondents' counsel in the bar exam Supreme Court transfer petition decided against a second mentioning of an interim stay application after having been declined once before by the Chief’s court, as the Chamber judge is likely to take up the matter for non-prosecution after three months in line with standard procedural practices in the apex court.

The Aurangabad respondents legal team is led by senior counsel Dushyant Dave. Supreme Court advocate Anirudh Rajput who is a part of Dave’s team told Legally India that they took into consideration that the court had earlier declined to list the stay application and the matter would most likely not be listed even if it was mentioned again.

The status of the case as given on the Supreme Court web site states that there are no further orders of listing and as per the last order dated 25 October the registrar had observed that the matter may be sent to the chamber judge for non-prosecution.

However, the matter has now been placed for hearing before the chamber judge after the registrar again took up the matter on 28 October.

“The chamber judge would not hear the petition anytime before three months”, said Rajput. This view was also echoed by another lawyer familiar with Supreme Court procedures.

Another recourse now available to the litigating students, commented a lawyer closely connected to the case, would be to approach high courts again pleading different grounds or by involving state bar councils in the case.

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