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6 days from deadline, SC pushes bar exam cases by 3 more days after BCI delays

The Supreme Court has granted three more days to the Bar Council of India (BCI) for completing the summoning process in the All India Bar Examination (AIBE) transfer petition case today in its repeated attempt to get the regulator to clear procedural hurdles for a merit-based adjudication.

The Supreme Court registrar gave the BCI a deadline of 28 October because it was delaying matters, after which the registrar would send the matter to the court for further directions recounted law graduate and petitioner Fatehpal Singh who was present in the court.

The deadline for registering for the AIBE is 30 October, with the exam scheduled to be held on 5 December.

The matter has been stalled ever since the writ petitions challenging the bar exam were clubbed together and admitted in the Supreme Court for the first time in August. Last week the Supreme Court registrar postponed the hearing until today for the BCI to serve notice on all parties in the transfer petition, following another postponement for the same reasons on 6 September.

Even until now many petitioners have not been served notices despite the SC registry’s orders to issue Dasti (hand-deliver), e-mail and telephone notices.

Singh told Legally India that the registrar took note of the fact that many co-petitioners who could not be informed about the proceedings would be prejudiced if any discussions on the core issue were held in their absence. Singh noted that in light of the differing grounds and relief sought in most petitions, it would be legally impermissible for the court to proceed without giving a fair chance of hearing to all.

At least 10 writ petitions were filed in various High Courts throughout the country between June and July 2010.

The BCI’s counsel was unavailable for comment at the time of publication.

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