Bar exam challenger: Not enough study papers rec’d as Bombay case postponed to 23 Feb

Exclusive

Monday, 14 February 2011 By Legally India Law schools

Exclusive: Contradicting earlier Bar Council of India (BCI) claims, the lawyer of one group of petitioners challenging the all India bar exam said that a large number of students had not yet received their study materials, following an adjournment of today’s Bombay High Court hearing to 23 February.

The writ petition filed against the all India bar examination by three Government Law College (GLC) Mumbai law graduates was posted for hearing in the Bombay High Court today (14 February) after having been taken up for the first time in October last year.

Khaitan Jayakar Sud and Vohra (KJSV) Mumbai-based partner Mohan Jayakar, who is representing the graduate petitioners Kavyal Shah, Karan Adhik and Utkarsh Muzumdar, urged the court to expedite proceedings.

Jayakar told Legally India: “The course material, passes, none of those have been made available. I don’t know how they’re going to permit students to appear for the exam, what are the criteria nobody knows.

“There’s no clarity and the BCI is basically trampling upon the jurisdiction of state bar councils. The only thing which probably the court is considering is that matter is pending before the Supreme Court but we pointed out to the court that merely matters pending in the Supreme Court is irrelevant.”

The retrospective effect on those who fail to clear the exam was worrying, he said, as such graduates could be held in contempt of court.

The second issue was what would happen to graduates who failed an exam allowing retakes (ATKT), added Jayakar.

Earlier this month the BCI announced that out of 22,000 graduates who applied for the bar exam only 38 prospective examinees’ study materials could not be delivered and 377 applications were invalid for other reasons such as faulty payment instructions.

Jayakar claimed that the number of students who had not received study materials was much larger than 38. “We’re going to file an affidavit and in fact there’s a whole bunch of students coming forward to say that we haven’t got it [study material].”

The BCI would have to come forward and take a stand, said Jayakar, after the exam was postponed on two occasions and this time there was no certainty it would get postponed again.

The court today directed the Bar Council of India (BCI) to enter its appearance as the regulatory body has already been served notice.

Additional Solicitor General Khambatta appeared for the Union of India, which is one of the respondents in this petition.

The matter was listed before the chief’s bench as item number 13 today.

BCI chairman Gopal Subramanium was unavailable for comment at the time of going to press.

Photo by comedynose

Comments

Anonymous guest 15 Feb 2011, 04:44

+0 -0

I am 2010 graduate, and I am becoming increasingly frustrated with the dilly dallying of BCI and SC. Why not take up the matter on a day to day hearing and pronounce the verdict in a fortnight, why let the matter fester for ever. As a law abiding student, and a believer of the doctrine supreme but not infallible, I would still respect the SCs judgement be it for or against the bar exam, but dont keep the matter hanging as more and more frustrated people are filing claims in various HCs.

Anonymous guest 15 Feb 2011, 14:08

to Mr. #1 ..this is our prob we very easily fall in line.... if "SC but infallible" when we find judges of SC are engaging in scams... then if we still rest our belief in them then its like putting the feet in the axe.... but since our hands r tied we cant go beyond a certain limit and we have to fall in line. This was wot the conditions was during our struggle for independents was on its march..... PROTEST.....RAISE UR VOICE IN A DEMOCRATIC WAY... this is wot we can do... the PEOPLE is above SC....... The Govt. should respect it if the masses think that enough of sufferings has been inflicted on the 2010 batch otherwise wrath of people in election is a very normal think...
Vande mataram.

Anonymous guest 15 Feb 2011, 14:16

Dear Friends,

This is really frustrating, it is almost one year there is not even single rupee income without income how to survive. Supreme Court is watching the play they don't want to take initiate against this issue.

After passing the exam and enrolled as advocate, why BCI is very much particular. 100 questions are not going to settle the advocate's future, to click and stick as advocate it is only hard work and effort not this type of tests. Since one year it is in hanging position spoiling the young lawyers career.

Please don't keep the issue in pending do something and clear the issue for ever.

Thanks.

Anonymous guest 15 Feb 2011, 14:25

to #3 it is very true and its more like building ur cliental base and then destroying it by ur own hands.... i have filed many cases now i am thinking wot should i say to my clients..should i say that "u plz wait till i pass the AIBE and become a full advocate" and do u think if u say that they or any1 would ever come to me again...so AIBE has literally already destroyed out career as advocates and more delay means making the destruction perpitual.

lalitganatra 15 Feb 2011, 15:00

What a Joke With US

They always use word Law Graduate batch 2010 who require to clear bar exam.

We are not law graduate after register with state council.

SC has still not hear bar exam writ petition. All are playing with our future.

Regards

Anonymous guest 16 Feb 2011, 14:03

AIBE is a must......if it is postponed this time also the pseudo advocates should hv patience and wait for it..and No practicing rts should be given to them,,, untill they clear it.. These guys dont hv persistence in there life..they were so against this AIBE and now look at them all getting ready for it...they dont kn which side to tk...

Anonymous guest 16 Feb 2011, 17:26

I got the study material and i gone through it and i found that the book is totally messed out. there are no proper serial number written, no proper page number, no proper index. So if we read book we need to arrange it properly for our convenience.

Anonymous guest 16 Feb 2011, 17:52

We are waiting for decision of SC in resepct of AIBE. But our guardian (SC) of fundamental right why ingnor issue of AIBE. SC is protector of fundamental right but recently all is against constitution. We law grauduates are like position that :- Parents are performed marriage of his son with all necessary ceromoney and legal necessity but he has restricted to touch her women till passing exam". ha........ ha........ ha....... So hopes for better. Anyone will get concentrate on probled of law graduate of 2010. If BCI confirm on its decision then why there members are unable arrange the system. So plz. take any decision of our life. Our carrier is in hand of BCI / SC.

Anonymous guest 17 Feb 2011, 02:27

#6..wtf....y do u want a beating from us advocates of the 2010 batch....y r u in favour of the AIBE...since u were not suppose to gv it... u should also stand with us instead of saying that bar exam is a must...

Anonymous guest 17 Feb 2011, 05:09

write to supreme court ...... unless the case is decided on merit the exam should not happen. it will be in the interest of students and bci both

Anonymous guest 17 Feb 2011, 05:12

what is the need for this exam ..... when from next year there will be no exam by bci , there is still no support from bar councils , members are arrested , vc and core committee member in jail, rain maker already out from next year. undertaking has no value in law, exam under challenge on vires. supreme court wake up ! ............ comedy circus !

please register ur complaints and suggestion to

Anonymous guest 17 Feb 2011, 05:16

Hi Kian please present a detailed picture by way of ur practical articles which u have been writing. Dont u tthink that till this matter is finally decided on merit the exam should be stayed ....... as it will be in the interest of both. See if the BCI was strong , they would have easily got an order till date ,....... please help and give them a practical solution. Actually its that 1300 rupess which is coming in their way. Ask them to keep it ......... we dont want it , this is affecting our goodwill and also shakening our confidence. KIAN jus get something out dude. Its high time !

Anonymous guest 17 Feb 2011, 14:29

BCI has already handed over the amount to RM...and RM has printed and distributed the Study materials may be of wotever quality....Now if exam is called off we will all demand money refund.....which BCI will never be able to pay..... SO UNDERSTAND THIS FIRST...

Remedy
1. Write to Mr. Gopal Subramanium or DLE OF BCI that we dont need money refund. If overwhelming numbers of such letters are received by them then they might call it off.

2. Form a body and meet Such people of BCI and mk them understand the above mentioned proposal.

3. KIAN can help us by posting a voting link here... so as to find how many AIBE registered advocates doesnt want money to be refunded if exam is called off.

4. If at all BCI takes the exam do not make it mandatory becoz it will inflict a lot of hardship un the 2010 batch as we have already started practicing and appearing onbehalf of clients how if we abandon them it will be a mockery on our part.

lex suprema 17 Feb 2011, 18:28

ebb and flow of allegation and counter allegation wont work...gv it a logical and strategic approach...which is sounds sensible and encourage acceptability of both the parties....
#13 could be good to go with.

lex suprema 17 Feb 2011, 18:29

typo "is" to me omitted

Anonymous guest 18 Feb 2011, 05:47

We don't want our Rs 1300 back from BCI. Please don't play with our future and present as well. Call off exam and let us continue practising as a lawyer. Don't do injustice for a petty amount. Apex Court should also intervene.

Anonymous guest 18 Feb 2011, 11:42

Supreme court of India must rise to the occassion and should decide the bar exam case before 6th March 2011 otherwise it will set a bad precedent and people are boumd to loose faith in judicial system. Supre Court is meant for the people of India and not for few people of BCI who are facing trial in bribery cases who has created this problem knowingly. When these people can take money while granting recognition to colleges ,are they going to spare young graduates. Let supreme Court of India think about it.

Anonymous guest 18 Feb 2011, 13:50

Now it seems that the intervention of the apex court is aggravating the prob more.

Anonymous guest 19 Feb 2011, 13:55

BCI needs to be come out with solution. On one hand BCI is involved with issue of approving law school for gratification and on the other hand prescribing bar examination. Is it a dillema?

Anonymous guest 23 Feb 2011, 23:09

What happened today in Bombay High Court?

Anonymous guest 23 Feb 2011, 23:48

Nothing happened.
Go & Study.

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