In a major relief for final year students, the Supreme Court on Friday directed the Bar Council of India (BCI) to allow them to appear this year for the All India Bar Examination (AIBE), a qualifying test for enrolling law graduates as lawyers. Observing that the final year LLB students cannot be “left in lurch”, the top court said their one year will be wasted if they are not permitted to take the bar exam this year.
A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra got irked over the non-framing of rules for the AIBE by the BCI in pursuance of a five-judge constitution bench judgement of 2023 on the issue.
The top court had on February 10 last year affirmed the BCI’s power to hold the AIBE.
It had also accepted the suggestion of an amicus curiae (friend of the court) for allowing final semester law students to take the AIBE on production of appropriate proof of eligibility.
The CJI-led bench took note of the submissions of advocates A Velan and Navpreet Kaur, appearing for nine LLB students, including Nilay Rai of Delhi University, and allowed them to take the examination on November 24 this year.
“It appears rules are not framed till now and now an adjournment was sought (by BCI) to take instructions on when rules will be put in place and now it is stated to be done within 4-6 weeks. The AIBE is scheduled on November 24 and the last date for applying is October 25. Bearing this, it will be manifestly unjust since a large number of students are qualified as per the Supreme Court judgment but they cannot appear for AIBE.
“Thus, we direct that for the ensuing exam BCI shall allow registration of all students who fall within …of the Constitution bench judgment by Justice Kaul. We have passed this direction conscious of the fact that in the absence of such a direction, the students, who have appeared for several exams in state universities and awaiting results will be left in lurch,” the bench said in its order.
The interim direction will apply to the examination to be held on November 24.
The bench said in the absence of such a direction, the students, particularly those unable to control the timing of their final year results, would be unfairly disadvantaged.
Despite the BCI’s argument that it would frame the relevant rules and insistence that the court should not pass any interim order, the apex court went ahead with its direction, asserting an interim order was necessary for this year.
The plea has challenged the BCI notification restraining final year LLB students from taking up the All India Bar Examination (AIBE). A law graduate is required to clear the AIBE for enrolment as a lawyer with a state bar council.
The plea said the notification will lead to loss of valuable time in pursuing professional careers if final year students are barred from taking the test.
