Nilay Rai & Ors V. Bar Council of India W.P. (C) No 577 of 2024
Let’s understand what BCI to clarify the rationale behind the exclusion of final year law students!
The Supreme Court on Friday (September 13) sought the response of the Bar Council of India (BCI) in a petition challenging the BCI’s recent decision to prohibit final year law students from appearing in the All-India Bar Examination (AIBE).
Notably, the BCI is all prepared to conduct the AIBE XIX Exam 2024 on its’ scheduled date that is 24th November 2024. For the same purpose the application process is underway and will be completed on 25th October 2024. However, the BCI has come under scrutiny after 9 final year law students of the 3-year LL. B program at Delhi University Law students challenged the council’s decision to restrict final year students from appearing in the AIBE 19 Exam.
The Bench led by the CJI DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra was deliberating on a writ petition challenging the recent contentious notification of BCI regarding eligibility for the AIBE which forbids final year (final semester) law students from registering for the appearing in the upcoming AIBE 19 Exam. The BCI’s council was asked to get instructions from the BCI and respond next week.
The petitioners contended that the BCI’s notification unjustly prevents them from taking the upcoming AIBE – XIX Exam. They further said that the impugned notification is also contrary to an earlier landmark decision given in the case of Bar Council of India v. Bonnie FOI Law College. In this landmark ruling, a constitutional bench had permitted final semester law students to appear for the AIBE, conditional upon the subsequent graduation. It also directed the BCI to conduct the AIBE biannually, ensuring greater accessibility for aspiring lawyers.
Further, the petitioners also argued that the notification bars them from appearing in the upcoming AIBE which leads to the loss of their precious time in pursuing their professional careers. The notification is thus arbitrary and unreasonable. It was also contended that the notification also overlooks the different schedules of universities in declaring their results. This inconsistently, they argue, places undue hardship on those whose results are delayed, consequently stalling their professional progress.
Reliefs sought by the petitioners
The petitioners Adv. A Velan and Adv. Navoreet Kaur placed mainly three demands these are annulment of the BCI notification, directing to allow final year semester students to appear in the upcoming exam and interim stay on the impugned notification until the matter is resolved.
