6 days from deadline, SC pushes bar exam cases by 3 more days after BCI delays

examination-hall_by_comedy-nose
examination-hall_by_comedy-nose
The Supreme Court has granted three more days to the Bar Council of India (BCI) for completing the summoning process in the All India Bar Examination (AIBE) transfer petition case today in its repeated attempt to get the regulator to clear procedural hurdles for a merit-based adjudication.

The Supreme Court registrar gave the BCI a deadline of 28 October because it was delaying matters, after which the registrar would send the matter to the court for further directions recounted law graduate and petitioner Fatehpal Singh who was present in the court.

The deadline for registering for the AIBE is 30 October, with the exam scheduled to be held on 5 December.

The matter has been stalled ever since the writ petitions challenging the bar exam were clubbed together and admitted in the Supreme Court for the first time in August. Last week the Supreme Court registrar postponed the hearing until today for the BCI to serve notice on all parties in the transfer petition, following another postponement for the same reasons on 6 September.

Even until now many petitioners have not been served notices despite the SC registry’s orders to issue Dasti (hand-deliver), e-mail and telephone notices.

Singh told Legally India that the registrar took note of the fact that many co-petitioners who could not be informed about the proceedings would be prejudiced if any discussions on the core issue were held in their absence. Singh noted that in light of the differing grounds and relief sought in most petitions, it would be legally impermissible for the court to proceed without giving a fair chance of hearing to all.

At least 10 writ petitions were filed in various High Courts throughout the country between June and July 2010.

The BCI’s counsel was unavailable for comment at the time of publication.

Photo by comedynose

Comments

Anonymous guest 25 Oct 2010, 19:40
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wtf !! now i guess everyone of us have to register or else 29th will be too late to send the draft !! rainmaker n bci must be silently chuckling .
Anonymous guest 25 Oct 2010, 20:01
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its shore completely that bci is fail in their goals,mr,chairman is look like hiding somewhere [...],if he is geninue and he is confidence in their goals then why he is not coming in court in legel way,why he is afraid of court decision and new enrolled advocates,this tactics clearly shows that he is not right in legal way,just he made a wrong way [...] by using his chair power,
Anonymous guest 25 Oct 2010, 20:26
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if decision has not taken before 30 october then what is the position of law gradutes,they have to think that the exam is confirm by court,what is the result.
Anonymous guest 25 Oct 2010, 20:37
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interim injunction!
Anonymous guest 25 Oct 2010, 20:47
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The justice(Advocate) is not getting the justice so what about the common people ?
Anonymous guest 25 Oct 2010, 20:55
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BCI has not been able to serve summons in last 90 days approx. (beginning Aug. 2). How can we expect it to conduct a national level exam along with an arbitarily chosen pvt. entity?
Anonymous guest 25 Oct 2010, 21:13
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Rainmaker is laughing (loudly) all the way to the bank!
Anonymous guest 25 Oct 2010, 21:22
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FRIENDS No chance now. 28 oct is Hearing for transfer petition & not regarding exam's decision. Suppose SC reject the transfer petition on ground of not servicing notice than also decision in various HIGH COURT not come before 30 oct & Suppose transfer petition clubbed & transfer to delhi high court than also decision will not come before 30 oct. Hope decision come before 5 dec.

BCI is already win the case. They teach 2009-10 batch that how to be a good advocate. !!!
Anonymous guest 25 Oct 2010, 22:00
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Shame on the the people opposing the exam. They are the NLU mafia trying to derail the improvement of the legal sector and its possible liberalisation. They are harming the legal profession and the careers of students. They are spreading false information about Rainmaker and trying to divert attention. They are backed by anti-national political lobbies.

Beware of those opposing the bar exam and their false campaign against Rainmaker.
Anonymous guest 25 Oct 2010, 22:37
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How BCI is continuing with the examination enrollment process when the matter is before the Court.
Enough is enough..Now more intense actions needed.
Mass petitions required to remove the Chairman and the persons who are just playing with the lives and careers of innocent new advocates in the name upgrading the legal system.
What is the justification of paying Rs. 1300 for an exam where no marks or ranks will be given and that is after paying the enrollment fee to BCI ?
How they engaged a fictitious entity called Rainmaker that is also not clear.
BCI do not even bother to supply study matertials as promised even before 30 days of examination date.
Who will pay for examination centre travel fare and associated cost involving examination ?
Anonymous guest 25 Oct 2010, 22:45
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BCI is delaying the process intensionally.

After that in hearing before Court they will say everything is complete now thousands enrolled for the examination,so how it is possible to postpone the examination of 5th december.

People with power like BCI Chairman are ruining our country.
Anonymous guest 25 Oct 2010, 22:48
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BCI is just playing with law graduates and no one to listen. The ultimate judiciary authority is not caring about their loss. may god help all law graduates.
Anonymous guest 25 Oct 2010, 22:50
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Blogger #8
This site only deals with students & their concerns.
So shut up and move elsewhere to promote Rainmaker.
There are many business promotion sites available.
You may also launch a site if you have money to spend.
Anonymous guest 25 Oct 2010, 23:40
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Well said no 11.. are u no 8 trying to scare us?? Wat possibly can Rainmaker do?? I am sure that its busy promoting its newly made site..Seriously and stop bringing the issue of NLU opposing the exams. Its not just the NLU's but other collgs as well so SHUT UP
Anonymous guest 25 Oct 2010, 23:41
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i dont know wats going on in here... its been more than a month and a half.. i have not received study materials.. what will i prepare... i fully support the exams if the BCI had timed it properly...exams or not, whats the problem in sending acknowlegement of receipt of application, study materials to the students who have already applied.. what is going on here??
Anonymous guest 26 Oct 2010, 00:27
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Rainmaker is actually cloud maker ... keeping law students in darkness to earn money whithout facing competition from oth
Anonymous guest 26 Oct 2010, 00:39
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no8:ru memeber of rainmaker or they r providing any financial assitance to u,[...],i have seen the materials of bar exam,its like useless materials
Anonymous guest 26 Oct 2010, 01:00
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Not blame only Rainmaker..others are also making money.
There is no harm making money.
Who have innovative idea deserves to be rich.
Anonymous guest 26 Oct 2010, 03:16
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this is just another tactic of the BCI so that the exam can be carried forward as schedule....to avoid diversion from the exam it's delaying the proceedings. the judiciary must atleast take the matter considerably.
Anonymous guest 26 Oct 2010, 04:39
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Bci why ur giving notices regarding application forms to submit by an advocate,no need for ur notices like this,stop this pls,we r advocate now not child,what is means of this notices may be ur inneed of applications forms and demand draft from students,
Anonymous guest 26 Oct 2010, 04:48
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When students of 2009-10 batch were taking their final exam on 30th April, BCI decides to stab their career with the so-called resolution of the first AIBE. And now dates after dates after deciding to club all petitions since August'10. And no study material to come our way until November. God save our legal system!
Anonymous guest 26 Oct 2010, 14:22
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HALLO BCI CHIEF,,,,,, ARE U PLAYING WITH THE FUTURE OF THE LAW GRADUATES?
Anonymous guest 26 Oct 2010, 15:52
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massive media intervention can dig out the black sheeps here i believe( both in bci and rainmaker). i would request Media to intervene and really show to the nation wots really cooking between rainmaker and bci. How students r suffering. like PP of a state Sg is also a political motivated post..... one should think twice before taking such a hasty and arbitrary decision.
Anonymous guest 26 Oct 2010, 20:55
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no23:ur right we should asked media peoples to carry forward our request,but how we should contact them any site u know friends,bci and rainmakers is fully selfish peoples,by way they r treating us,may be they forget the god who is jugde of this world,this is only for lifetime only,thousand r praying and their families also for aibe should be cancelled and the peoples who is behind this exam should be punished by god.
Anonymous guest 27 Oct 2010, 01:15
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these idiots and heartless people should brought to lime light..... playing with 10,000 ppl life... crooked ass wholes!!!! if the had the back-bone they should have done everything fine and should have fought the case in the right manner rather than delaying it... they delayed the petition by the name of a party in a particular state who have already withdrawn months before.....
Anonymous guest 27 Oct 2010, 01:45
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SEND YOUR D.D. AT NEW ADD OF BAR COUNCIL OF INDIA
21,ROUSE AVENUE INSTITUTIONAL AREA,
NEW DELHI - 110 002

AND NOT AT
OKHLA IND. ESTATE, NEW DELHI-110020
Anonymous guest 27 Oct 2010, 05:23
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Intervention of Media can dig and bring out the facts who is actually playing this types of games to spoil the life's of new entrants who is about to start their career as advocate. I am sure both BCI and Rainmaker are making money in this process). I would request Media to intervene and really show to the nation what really happening between rainmaker and BCI. How students are suffering? The middle class and poor people how they will pay the fee, BCI charged sufficient fee for the enrollment for membership as advocate and now this meaningless exam. This should be announced in the beginning of the admissions into law course. Some of the students who sent the application did not even received the material. Supreme Court extended 3 more days i.e. to 28th. This is all seems that a funny game played by rainmaker and BCI for fetching money. Please don't play games. We already studied 3 years and passed the exams, now this 100 multiple questions will not decide the future of the candidate. Final exams already decided our future. Rainmaker no need to test our ability and decide our future.
Anonymous guest 27 Oct 2010, 14:56
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I request Kian to start separate thread for formulating our action plan.
Where we can post different media house links and communicate with each other.

Action starts now...
Anonymous guest 27 Oct 2010, 21:55
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ranimaker and bci , congrats.u guys did it
Anonymous guest 27 Oct 2010, 21:58
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Times Now email :
fatehpal singh 27 Oct 2010, 22:11
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ITEM NO.30 REGISTRAR COURT.1 SECTION XVIA

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

BEFORE THE REGISTRAR S.G. SHAH

TRANSFER PETITION (CIVIL.) NO(s). 697-702 OF 2010

BAR COUNCIL OF INDIA Petitioner(s)

VERSUS

BABUBHAI VAGHELA & ORS. Respondent(s)

(With appln(s) for stay)

Date: 20/10/2010 These Petitions were called on for hearing today.


For Petitioner(s)
Mr. Sanjeev Sachdeva,Adv.

For Respondent(s)
Mr Dattatrey Vyas,ADv.
Mr.Chirag M.Shroff,Adv.
Mr. A.Venayagam Balan ,Adv

UPON hearing counsel the Court made the following
O R D E R

Mr Fatehpal Singh is appearing in person, as respondent

No.4 in TP(C) No. 702/2010.

As per office report, service is complete in TP(C) Nos.

698 and 700 of 2010.

Parties in such transfer petitions may mention before the

Hon'ble Court for early listing.

In rest of the transfer petitions, as last chance,

petitioner has to confirm service by appropriate mode on or

before 25.10.2010, considering the fact that last date for

registration of exam is 30.10.2010.
(S.G.SHAH)
Registrar

this was the order on 25.10.2010
fatehpal singh 27 Oct 2010, 22:15
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the above was the order made on the 20th,then on 25 they extended the date to 28th of oct. 28th i hope is the last date for all this, childs play , i hope.
Anonymous guest 28 Oct 2010, 00:23
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Legally India should be a little more responsible in its Reporting. The Orders in the matter are freely available on the Net, and yet you misinform students and readers alike by quoting an interested party (Fatehpal). The actual order (which Fatehpal could have put up here in the comment above) is as follows:

ITEM NO.10 REGISTRAR COURT.1 SECTION XVIA


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS


BEFORE THE REGISTRAR S.G. SHAH


TRANSFER PETITION (CIVIL.) NO(s). 697-702 OF 2010


BAR COUNCIL OF INDIA Petitioner(s)

VERSUS

BABUBHAI VAGHELA & ORS. Respondent(s)

(With appln(s) for stay)


Date: 25/10/2010 These Petitions were called on for hearing today.



For Petitioner(s)
Mr. Sanjeev Sachdeva,Adv.


For Respondent(s)
Mr Dattatrey Vyas, Adv.
Mr.Chirag M.Shroff,Adv.
Mr. A.Venayagam Balan ,Adv
Mr Fatehpal Sing(in-person).


UPON hearing counsel the Court made the following
O R D E R

Some of the respondents are served and they are

pressing to list the matter before the Hon'ble Court stating

that the last date for registration of exam is 30.10.2010.

However, this Court has no jurisdiction to order to

list the matter before the Hon'ble Court without confirmation

of service and without completing the pleadings, as per rules.

In view of such limitation, I have no option but to
order that petitioner has to file proof of service on or

before 28.10.2010.

If nothing is filed on record, matter may be listed

before the Hon'ble Judge in Chambers for non--prosecution at

the earliest.




(S.G.SHAH)
Registrar

Clearly, the Registrar has not posted it before the Court in default, as he admits he has no power to do so without service being complete. It is to come before the Chamber Judge, who is a Judge sitting single, and who decides on whether proper procedure has been adopted. It is selective and deliberate misinformation to say that it is coming before the Court. Please do not allow students to be misled. They need to know that merely because they register for the exam does not in any way prejudice the rights they have before the Court. Anybody trying to create a fear psychosis by exploiting them is doing a great disservice.
Anonymous guest 28 Oct 2010, 01:40
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Justice delayed and denied. Decision making should be made time bound. Most importantly BCI should go for recruitments and hire people who actually know the law because the chief is most certainly devoid of it. Much voice being raised and done sadly the chief is still peacefully asleep and probably snoring. This not only outlines the lack of concern for the 2009-10 batch but also the arrogance of BCI with which they are going on with the exams. Very arbitrary and very sad.
Anonymous guest 28 Oct 2010, 03:56
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Have not received study material yet.Registered in August.
What BCI is doing ?
Shameless [...] are in-charge of BCI now.
In-laws may not be always in Laws :-)
Anonymous guest 28 Oct 2010, 03:59
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Legally India we people trust you.
We know many rainmaker brokers are here writing blogs.

Don't do anything that drives us away.
kianganz 28 Oct 2010, 05:53
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@32 - In respect of reporting: the order was not yet available at the time we reported the story and therefore had relied on accounts of the hearing, which appear to have broadly reflected the events.

I don't see how the story would have 'misled' anyone, please do explain.

In respect of getting organised, if you wish you can use the existing features on the site by creating a thread on the forum, a group in the social network or by posting up a blog. We can not ourselves get involved with activism, however, so we remain impartial and do not mislead anyone in the news reporting.

Best regards
Kian
Anonymous guest 28 Oct 2010, 21:27
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@37-Kian! you r right. It is neither legallyindia nor FPS is misleading, rather it is the BCI who is mislieading the 2009-10 law graduates by playing with their career. I m unable to understand why the Hon'ble Supreme Court and High Courts are not taking cognizance of it.How BCI who is unable to serve the respondents in TP on three months would conduct such an Exam. I think the BCI is playing the role of an subsidiary to the Rainmakers and they(BCI) are simply comcerned with the revenue of the Rainmakers rather than reforming the legal profession in the country. Is it not another Scam toeing in the line of MCI and CWG Scams.
Anonymous guest 29 Oct 2010, 18:49
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"The Supreme Court registrar gave the BCI a deadline of 28 October because it was delaying matters, after which the registrar would send the matter to the court for further directions recounted law graduate and petitioner Fatehpal Singh who was present in the court."

1. The Registrar said NOTHING about "delaying matters" by the BCI.
2. The Registrar would NOT "send the matter to the court for further directions".

Hence, MISLEADING. In fact, FALSE.

Read the Order, boys. "However, this Court has no jurisdiction to order to list the matter before the Hon'ble Court without confirmation of service and without completing the pleadings, as per rules."

You guys make Times of India look good.