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Time ticks on bar exam challenges as SC adjourns hearing to late October


Procedural delays were set to derail the discussions on the merits in the All India bar examination court challenges, as the Supreme Court has adjourned the hearing in the transfer petition to 20 October after ordering the issue of fresh notices to the respondents and the shifting of the case to the Delhi High Court was not mentioned.

The petitions were grouped together as the case Bar Council of India vs Babubhai Vaghela & Ors (TP(C) No 697-702/2010) and was heard in the registrar’s court today after having being taken up for the first time by the chief justice’s court on 2 August.

The only public interest litigation (PIL) filed before the SC by a Delhi University law graduate was dismissed at that first hearing.

The matter was listed before the registrar S G Shah and Nalsar Hyderabad graduate Fatehpal Singh was the only respondent present, said Singh.

According to Singh the court wanted to give the respondents an opportunity to come forth and make their representations as most including him had not been served despite the earlier SC order requesting service at the 2 August hearing.

A junior advocate appeared on behalf of BCI’s council Sanjeey Sachdeva.

It is understood that senior advocate Dushyant Dave has been instructed to appear for respondent Babubhai Vaghela who filed the first writ petition against the bar exam in the Gujarat High Court in June.

The bar exam is scheduled to be held on 5 December, with the BCI having vowed to pursue individuals and law colleges whose students practised law without having passed the bar exam.

The BCI has published the bar exam preparatory materials and model questions last week. Two thirds of 57 voters in a Legally India poll last week said that they would definitely pass the exam after studying, with more than half being “quite” or “very” confident of passing the exam without studying.

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