A petition filed in the Supreme Court challenging a rule that prohibits final-year law students from sitting for the All India Bar Examination (AIBE). The plea argues that this restriction violates students’ rights and creates unnecessary hurdles in their career progression. It contends that allowing final-year students to take the exam would expedite their entry into the legal profession.
New Delhi: Mr. Nilay Rai, along with eight other final-year law students from Delhi University, filed a writ petition in the Supreme Court through A. Velan (Advocate on Record) and Navpreet Kaur (Advocate).
The petition challenges a recent notification issued by the Bar Council of India concerning eligibility for the All-India Bar Examination (AIBE).
The petition claims that this notification goes against the Supreme Court’s ruling in the Bar Council of India v. Bonnie FOI Law College (2023) case, where final-semester law students permitted to take the AIBE.
Read Also: “Padho Bhai” Says CJI Rejecting PIL For Lowering of Cutoff in AIBE Exam
The petitioners are all final-semester students enrolled in the 3-year LL.B. program at Delhi University’s Campus Law Centre and Law Centre-I. Their petition contests the Bar Council of India’s notification dated September 3, 2024, which bars final-year law students from registering for and appearing in AIBE-XIX, scheduled for November 24, 2024.
The petition claims that this notification goes against the Supreme Court’s ruling in the Bar Council of India v. Bonnie FOI Law College (2023) case, where final-semester law students were permitted to take the AIBE.
The Supreme Court directed the BCI to conduct the AIBE twice a year and allow final semester students to appear for the exam, provided they successfully complete all components of their law degree.
The petitioners also reference a Telangana High Court order from October 6, 2023, in the case of Rajasekhar Simma v. Bar Council of India (Writ Petition No. 25056 of 2023). In that case, the High Court instructed the BCI to consider permitting final-year law students to take the AIBE, in accordance with the Supreme Court’s judgment.
The petitioners argue that the BCI’s action infringes on their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. They contend that the restriction on their right to practice their profession is unreasonable and has been imposed through executive action rather than by law.
They contend Denying them the opportunity to sit for the AIBE would result in them losing valuable time in starting their professional careers after graduation. It violates their right to procedural due process under Article 21. It undermines their legitimate expectation that a statutory body will adhere to the law. – It creates an arbitrary distinction between students from universities that have announced results and those that haven’t, violating Article 14.
The petition seeks to have the BCI’s notification quashed and requests that the students be allowed to take the AIBE-XIX.
Additionally, an application for an interim stay of the notification has been filed, asking the court to permit the petitioners to take the AIBE-XIX pending the case’s final resolution.
Read Also: 19th All India Bar Examination (AIBE XIX) To Be Held On November 24
The petitioners argue that preventing them from taking the upcoming AIBE would unfairly delay their entry into the legal profession, particularly in light of the differing timelines for result announcements across universities.
This case raises significant questions regarding the enforcement of the Supreme Court’s directives on the AIBE and the rights of law students transitioning to the legal profession.
It is scheduled for a hearing before the Chief Justice’s Court of the Supreme Court on September 13, 2024, as Item No. 21.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
