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Bombay bar exam petition sent to SC, no remedy likely till ‘next batch’

Exclusive: The Bar Council of India (BCI) has today managed to get the bar exam petition filed by three former GLC Mumbai students transferred from the Bombay High Court to the Supreme Court (SC) after its counsel moved an affidavit urging the court to club together the ongoing litigation with other such challenges.

The BCI counsel also told the court today that the transfer petition which has not been listed since last year December would now be listed by the Supreme Court for hearing next week, said KJSV counsel Pankaj Sutar who appeared on behalf of the student petitioners.

Sutar told Legally India that the BCI moved an application in the SC seeking to club together their writ petition along with the other petitions that were transferred earlier after their petition was admitted by the Bombay High Court.

“Today, they got an order that our writ petition should also be transferred to the SC. The BCI advocate also made a mention that the hearing in transfer petition will come up on the board next week [though no date was specified].

“Ours was the only petition which was admitted by any of the high courts, other petitions were transferred directly to the SC [without being admitted].”

Sutar added that there is no clarification on so many aspects of AIBE. For instance, he said: “The students have been made to sign an undertaking, now today due to whatever circumstances, if a student is not able to clear the bar exam – what will happen to the Vakalatnama filed by him already.

“There are so many queries. After filing the writ petitions, about 70-75 students from various law schools have also joined and submitted their affidavits also because many students haven’t even received their admit cards even though they’ve [BCI] said that it’s given online and you can get it there.”

Sutar commented that KJSV will pursue this case in the apex court now. “We will fight in the SC and if we get a good order in our favour, at least it will benefit the next batch.”

He added that around 80 per cent of state bar councils had opposed the bar exam and had filed explicit resolutions against the exams.

The matter was last taken up on 14 February when the court directed the BCI to appear before it after it was heard for the first time in October 2010.

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