Bar exam SC avenues exhausted as matter won’t be heard before 5 Dec

The Aurangabad student respondents’ counsel in the bar exam Supreme Court transfer petition decided against a second mentioning of an interim stay application after having been declined once before by the Chief’s court, as the Chamber judge is likely to take up the matter for non-prosecution after three months in line with standard procedural practices in the apex court.

The Aurangabad respondents legal team is led by senior counsel Dushyant Dave. Supreme Court advocate Anirudh Rajput who is a part of Dave’s team told Legally India that they took into consideration that the court had earlier declined to list the stay application and the matter would most likely not be listed even if it was mentioned again.

The status of the case as given on the Supreme Court web site states that there are no further orders of listing and as per the last order dated 25 October the registrar had observed that the matter may be sent to the chamber judge for non-prosecution.

However, the matter has now been placed for hearing before the chamber judge after the registrar again took up the matter on 28 October.

“The chamber judge would not hear the petition anytime before three months”, said Rajput. This view was also echoed by another lawyer familiar with Supreme Court procedures.

Another recourse now available to the litigating students, commented a lawyer closely connected to the case, would be to approach high courts again pleading different grounds or by involving state bar councils in the case.

Comments

Anonymous guest 12 Nov 2010, 01:57
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wow....lovely....this is wot i wanted....hip hip hurray...........SATYA MAVA JAYATE.....
lalitganatra 12 Nov 2010, 02:27
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oh..........!

BAD LUCK of batch 2009-10
Anonymous guest 12 Nov 2010, 03:37
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wot is justice..... ?
Anonymous guest 12 Nov 2010, 04:01
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It seems clear that the bar exam is NOT being introduced to facilitate liberalisation, as BCI is happily following the SILF agenda. The focus now has to shift to how the bogus law colleges got recognition. The MCI president was arrested for taking bribes to recognise fake medical colleges. Why is the CBI not ivestigating the BCI? Why is the SC quiet? Why is GS quiet? Just shows what a sick country we live in. What next, A Raja as law minister?
Anonymous guest 12 Nov 2010, 04:26
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You guys need to take the bar exam instead of challenging it left, right and center. Good luck to those who have already started preparing for the exam.
Material is all over the the internet and legallyindia also has links to the material online.

Good luck..
Anonymous guest 12 Nov 2010, 04:30
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we learn very much about fundamental rts during the law course. but now am feeling that it is only theoritical not practical.
Dubby 12 Nov 2010, 04:40
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Has anyone checked out the BCI's website and read the sample test paper there? If the actual exam is at the same level, everyone should be able to pass. I have had no legal education, but even I would be able to pass it. With the exception of some questions which refer to articles of the constitution and specific sections of various acts and also the section on jurisprudence which refers to various theories(!) no legal training is required to get through the paper. You don't even need to go through the study material. Most of the questions require logic and common sense and some actually
lead you to the answer.

If this examination is meant to meet the BCI's stated objective of "To set a minimum standard for admission to the practice of law" then I can only say that the bar has been set too low (no pun intended).

Those sitting on the fence should register immediately. If the SC rules the exam illegal, you can ask for your money back. If not, you would have breezed through. I'm sure the questions will be much tougher next time onwards.
Anonymous guest 12 Nov 2010, 05:17
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is thsi system to get justice? is it really painful. Pity on people of our country.
sarthak 12 Nov 2010, 16:02
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wel i have a thought to share ... can a written exam determine ur practicing skills? knowing is knowing and doing is doing they are not connected and not to be connected. if knowing had been doing no people would have ever married...:-), jokes apart, if the motive behind conducting is not achieved than what is the meaning of the exam. it hardly matters how hard the questions are or whatever.. for judging the practical or lawyering skills, one advocate should be tested through moot courts and practical submissions. we have appeared many exams and this just another exam. advocates will surely pass. but the question is , will it create any difference?
Anonymous guest 12 Nov 2010, 16:49
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whatever one might say on the legality or otherwise of the bar exam, one thing is for certain,the UNCERTAINTY over this exam has distracted a lot of students..i am a student who passed in July, 2010 CURRENTLY WORKING IN LPO AND I AM HIGHLY SCEPTICAL HOW THE SKILL-SETS REQUIRED IN THE LITIGATION CAN BE JUDGED IN A OPEN-BOOK MCQ TEST!!!!
Anonymous guest 13 Nov 2010, 00:14
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@ KIAN! On 12 November 2010 ,BCI uploaded a notice in its website inviting application for the post of Associate Director in the rank of Professor of Law. The Last date for receiving the the application is the next day 13 November 2010( i.e. second saturday). How a person living in Sikkim or Mizoram can send their application in a day. No qualification or experience except in the rank of professor is mentioned. You just look into it. It seems that the BCI has become a private property of somebody .
Anonymous guest 13 Nov 2010, 01:30
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That public notice is also without any date.
Anonymous guest 13 Nov 2010, 02:44
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The so called exam which is to be held is cannot be said to be tough.....The thing is people who are challenging it is not the exam but the manner in which the exam is been conducting............for example the last notification of BCI that the dates for filling of application for AIBE is extended to 15.11.2010......the only qus arises by this that the BCI is not able to provide with the prep material to the students who have fill the form in September even October so how will they provide it to the people who have fill the form in November..dis is the 1 of the many problem in the implementation of the AIBE.
Anonymous guest 13 Nov 2010, 04:03
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why dont u guys understand that u guys r minority so noone is going to hear u....... AIBE is wrong or right it will be held...... noone can stop it.......every thing is right in india...sab chalta hai.........
Anonymous guest 14 Nov 2010, 00:52
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WHAT IS THE STATUE OF THE EXAM ? WILL IT TAKE PLACE SINCE THE APEX COURT WILL NOT HEAR THE MATTER BEFORE DEC 5th.
Anonymous guest 14 Nov 2010, 01:59
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Hindi medium preparatory material has neither been uploaded on the website of BCI nor been dispatched to candidates. Now only 22 days are left to exam. How is one expected to go through more than 400 pages of condensed material covering whole course of 3/5 years in whatever time remains.
Anonymous guest 14 Nov 2010, 03:08
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I met Dushyant Dave recently, and inquired about the AIBE. He said he has tried his best to convince both chief justice and GS that they are being unreasonable, but they didn't even listen. He said if 200 students agree to gather in Delhi, he is ready to accompany them to meet GS, and even law minister.
So, I request LI to help in whichever way it can.
Anonymous guest 14 Nov 2010, 03:35
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Talk to media soon,write them emails,Talk to media personalities.
Let us write letters specifying facts which can be distributed from here to everyone who are interested to contact media.
Anonymous guest 14 Nov 2010, 04:10
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If engineers can go 4 wrk soon aftr B.TECH; if doctors can go 4 dere practice soon after MBBS y cant we....dn 4 wht we studied 4 5yrs at a college....Whr is Justice???
Anonymous guest 14 Nov 2010, 04:19
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well i also though of smth like that......i think this is th eonly way....people can be gathered.....plz gv me ur mail id......details cant be disclosed here publicly....
Anonymous guest 14 Nov 2010, 04:29
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@17 Neither you nor Mr Dave have any business trying to stall the bar exam. It is a much-needed reform.
Anonymous guest 14 Nov 2010, 04:47
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@ 21, we are tired of saying same stuff again and again, are ppl like u daft or wht, no one is against bar exam...all we are saying is this is not at all the way to organize an exam of national importance..thts it....no pvt. entity can be chosen arbitarily, no one has a right to make thousands of students wait for more than 8 months once they have passed their LLB degree and have enrolled with their SBCs. You plan the exam properly, legally, and non-arbitarily, and then I can bet not even a single law grad will oppose it. Our main concern is that if this exam happens, this will set the worst precedent in Indian history, wherein some pvt. coaching institute providing legal services to law firms and colleges is also organizing an exam on behalf of govt. I also request other such agencies to file a complaint before competition commission of India as this is unfair trade practice to prevent competition under the competition act, its like BCI and RM have formed a cartel.......and btw, on the funnier side, wen ppl like me know so much about indian constitution, our rights, competition law, financial rules with regards to award of a govt. contract and other related stuff, can u pls justify the need of this pathetic bar exam :-) (PS: have used the word "pathetic" bcoz of its messy organization)
Anonymous guest 14 Nov 2010, 05:31
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bci is not right because bci is teaking indian constitution in his hand the bci is giving troble to student of 2009 2010 and the bci is to no that to make rule there is our parlement to dissed
Anonymous guest 14 Nov 2010, 15:53
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u have not provided the materials....... No materials in language in other language then eng is there.......Selection of RM is arbitrary.........rule is questionable.......Modality of exam is questionable........DONT U RM & BCI PEOPLE SEE NOTHING....... these r some of the issues...... u guys who talk in fab of the exam should have some conscience and shame to utter such a thing......
Anonymous guest 14 Nov 2010, 16:56
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#17 plz gv me u r email id to arrange for the same
Anonymous guest 14 Nov 2010, 18:33
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Legally India should restrain to comment in a demoralizing fashion. Who says avenues are closed? Mentioning can be made as many times. What is needed is to interview and ask the authorities that why is there so much delay. if they say its because the respondents are not taking notices , then why cant they proceed with those who are already a party. why are they not serving to people like fateh who are going on every hearing. Please be vigilant and take a lead to bring the truth as u have been bringing fearlessly in the past.
Anonymous guest 14 Nov 2010, 20:56
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Leagl India now seems to be partial to GS and projecting his insane thoughts.
Anonymous guest 15 Nov 2010, 02:07
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I don't know how B.C.I. goint conduct the exam and students can appear the exam and no status of A.I.B.E hearing. We are deprving from being lawful practice in a lawful way. we have been given the enrolment no. our position is like all ruling party candidate who has won the election and he is not become the minister!
Anonymous guest 15 Nov 2010, 03:31
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#22 absolutely right,the same things have been repeated and the illegal way the whole issue is handled. No justice they are only acting as big daddy's.
Anonymous guest 15 Nov 2010, 03:58
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One of my frnd have received the materials yesterday....... At the v last page of these materials there is a forwarding my RM stating that there ARE SOME MISTAKES/ ERROR in the papers and a request that if there r more then to inform them about that...... If they cant provide a impeccable material how can RM be expectd to set a impeccable question paper. I hope every kns the demerits of OMR system........ Evey1 now will read the erred materials and will be misled as they will receive the materials few days before exam and hardly theu will have time to differentiate the mistakes from the correct one... The illustrations are erroneous at places........
Anonymous guest 15 Nov 2010, 06:45
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Though I support bar exam, I feel that it is being conducted on a faulty legal basis, the SC knows this but wants to let the bar exam go through, hence it did what it does best, postpone.