Bar exam SC writ adjourned to 25 October again for notice service

The Supreme Court writ petitions in the bar exam has been postponed again, this time to 25 October, following no notices having been served on respondents.

Supreme Court Registrar S G Shah heard the Bar Council of India (BCI)’s advocate Sanjeev Sachdeva, as well as petitioner and Nalsar graduate Fatehpal Singh and senior advocate Dushyant Dave’s junior Anirudh Rajput, who appeared on behalf of the Maharashtra and Goa Bar Council opposing the bar exam. [Correction: The original article erroneously stated that S G Shah was a Delhi High Court registrar. We regret the error. -Ed]

Fatehpal Singh said that Shah decided that all notices should be served by 25 October when there would be another hearing.

Singh said: “I explained how I’ll lose a remedy if the exam and matter is not heard before 30th [October].”

The deadline for bar exam applications had already been postponed to the end of this month, with the exam set to take place on 5 December.

Singh also explained that the registrar should not expect many respondents to actually show up in court once served notice, as a large number had only recently graduated and had limited financial means to argue the matter in the Supreme Court.

No other petitioners were present in court today.

The previous hearing on 6 September had been adjourned to today, also following delays to notices having been served on the petitioners.

Comments

Anonymous guest 20 Oct 2010, 22:36
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how come Delhi high court registrar is hearing the petition when the matter is in SC ?????
Anonymous guest 20 Oct 2010, 23:42
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BCI will not serve notice as they are trying to delay the process and donot want this to be resolved before examination date.

BCI chief should resign taking responsibility.

Just to showup his personal charisma, he has drawn this chaotic situation.
Anonymous guest 21 Oct 2010, 01:12
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First the BCI announces to take the AIBE within such a short notice upsetting all plans of our careers and now they are stretching the hearing on filthy grounds keeping all of us in confusion, I mean doesn't the esteemed lawyer/s for the BCI know that they should serve a notice at the right time,if not for god's sake then at least for the sake of the bewildered students????????
- Deep Mukherjee
fatehpal singh 21 Oct 2010, 01:45
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its supreme court's judical registrar,it seems to be a typo error
Anonymous guest 21 Oct 2010, 19:00
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NLSIU/NALSAR/NUJS etc are full of mediocre brats who cannot clear the exam. The bar exam will finally prove that empty vessels make the most noise.

The BIMARU states are suffering from so many problems but the govt wasted taxpayers money by setting up fancy and useless air-conditioned law schools in Jodhpur and Bhopal. The one in Patna has even been derocognised, which proves that NLUs are rubbish and low quality. The government should have instead funded the established universities in those states. Students of BHU, Allahabad etc do not file petitions and are instead studying for the bar exam. They are the true jewels and need more support instead of these "shopping mall" NLUs.

tell me how many NLU graduates have become judges and senior advocates?
Anonymous guest 21 Oct 2010, 20:04
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I agree with #5. NLU students are rubbish. Just because they clear All India Entrance exam, win international moots and get placed with internationally reputed firms, they should not be considered to be anything beyond mediocre brats !! It has been over 15 years since the first batch of NLS and 8 yrs since the first batch of NALSAR has passed out, they still dont have any judges and senior advocates (which should have been a record of sorts - Senior Advocates in 8 years) !!
Anonymous guest 21 Oct 2010, 21:28
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LI the media is saying that the law ministry might be targeted in the coming cabinet reshuffle. pls report.
Anonymous guest 21 Oct 2010, 23:13
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Sorry to say that students of BHU,Allahabad etc are not at all interested in All India Bar Examination 2010 as described by Mr. #5.
So Mr. Rainmaker loyalist or (founder/partner??) plz stop commenting to divert others.

Many have vested interests in this legal upgradation process and they want to conduct the exam by hook or crook.
Anonymous guest 22 Oct 2010, 04:06
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Fatehpal Singh, You are saying that u are only who remain present in SC. You have try to contact others why they not remain present ? They are not interested now ? If u have remaining writ petitioner contact address or number than try to contact them & told them to remain present in SC on 25-10 with all 9 petitioners & make clear strategy towards writ. I request you all the readers of this comments that please remain in contact & remain present in SC on 25-10.
Anonymous guest 22 Oct 2010, 14:20
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The whole thing is quite confusing.
Who are the respondents - possibly only BCI or any other Govt. Department.
How much time will it take to serve on these respondents.
I am also getting confused with what is attributed to Mr. Fatepal Singh States: "Singh also explained that the registrar should not expect many respondents to actually show up in court once served notice, as a large number had only recently graduated and had limited financial means to argue the matter in the Supreme Court."
Whether the graduates are respondents? How come? In any case what notice is to be served on them?
Either there is grave errors in reporting or we are seriously missing out something.
Further more, the Registrar cannot endlessly wait for the notice to be served on all concerned. After all there is a limit to everything, the Registrar should place the matter before the Court for further direction.
Anonymous guest 22 Oct 2010, 16:33
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why can't [these guys] spend [their] energy lobbying for foreign law firms instead? that will truly be of help to law students and young lawyers and increase their job prospects. perhaps [they do] not have the guts to do this as [they are] afraid of antagonising family law firms. filing a petition against the bar exam is a safe way to get pubicity because it will not annoy anyone (except GS, who is quite a fair man and not vindictive like the family law firm owners).

[...]
Anonymous guest 22 Oct 2010, 18:40
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again! no matter what the issue or discussion some brat (here #11) will have to drag in the foreign law firm chants! seriously, how does this have to do with anything we are discussing here? besides, am certain nothing much will change even if foreign law firms do come in. Its like the balloon over your head filled with hopes and expectations, which will burst come the day when foreign firms will come in. You shall see the reality. Besides from your outcry it seems you have been rejected by the so called family law firms. Small advice: make a point to get in one of them because these are doing commendable work for a long time now. Foreign firms will also do the same work. Law won't change. You will stand a better chance to get a call of the foreign firm likes. All the best.
Anonymous guest 22 Oct 2010, 20:33
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@12: my comment was heavily censored. what i was trying to say is that some publicity-seekers try to project themselves as saviours of the legal profession and lobby for certain "safe" causes. in this case, the cause is really safe bcoz all students around the world hate giving exams.

these do-gooders never lobby to weed out corrupt judges and lawyers. they never demand that the lawyers caught in the BMW sting be jailed. they never criticise senior lawyers who underpay juniors. india's crony capitalism is it's curse and liberalisation of the legal sector will be one way to mitigate it in our field. i was using the foreign law firm example in this sense.

I would like Mr Fatehpal Singh to challenge the rot in our legal system and not to prevent beneficial reforms even though it will make him a hero amongst some students. May I also remind Mr Singh and the students backing him that every decent country in the world has a bar exam.
Jyoti 23 Oct 2010, 04:07
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I don't see why this young man - Fatehpal Singh is getting everyone's goat. I believe such an exam is needed very strongly in this country, given the dismal state of legal professionals but find it curious that law graduates prior to 2010 are exempt. What does the BCI want to convey by this - that all earlier batches are better ? that post-2010 batches are worse ? that existing judges and senior advocates must not be embarassed by their failing to clear this exam.

How very different things would have been of all lawyers past and present were required to give this exam.
Anonymous guest 23 Oct 2010, 05:27
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The comments attributed to Mr. Fatehpal Singh are highly objectionable, uncalled for and derogatory.
It seems some agents of Rainmaker are doing all this. To improve the standard of Legal Education is a good idea but that should be practical. Bar Council of India recognises and derecognises the law colleges. It clearly means that Bar Council has itself recognised the colleges who were not competent enough, them why to blame students who put in three / five years in graduation of law.
Moreover, the standard of education or law is not the only thing which needs to be checked. Doctors / Engineers / Politicians also needs to be treated on the same footing rather on proirity level because their acts are directly related to lives of people.
There seems to be something behind conducting the entrance exam in haste. there is no transperancy in the manner in which rainmaker has been engaged.
Anonymous guest 23 Oct 2010, 05:46
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Stop attacking Rainmaker for no reason. The criticism is about [...] selective activism.
Anonymous guest 23 Oct 2010, 15:51
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the abusive language against rainmaker is condemnable. rainmaker runs a recruitment site that has helped many students get jobs at LPOs, even during these hard economic times. what have the petitioners done for young lawyers? it is perverted logic that those criticising the petitioners are agents of rainmaker. i can similarly say that the petitioners are agents of SILF because the bar exam may become like the QLTT and pave the way for foreign lawyers.

you guys are really idiots. rainmaker is a friend of young lawyers and you are attacking them!! you do not realise that the bar exa may lead to liberalisation, whch will help all young lawyers. pls dig deeper into the issue and find out who is backing the petitioners.

I request LI to conudct an interview with the petitioners and ask them about their stance on liberalisation. I have a strong suspicion that the petitioners are being backed by the anti-liberalisation lobby who are afraid that foreign lawyers could be made to give the bar exam.
Anonymous guest 23 Oct 2010, 16:11
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Does clearing the Bar Exam mean I can practice in any court in India? or in order to practice in another state I will have make a transfer application to that state bar from the bar I am registered with?
Anonymous guest 23 Oct 2010, 16:45
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@17
foreign law firms , you gotta be kiddin me.
where do your loyalties lie?
work hard and make Indian law firms better. go to court if you want your foreign law firms . don't ask someone else to wash your laundry.

ps: people working in firms dont have to worry about the Exam, as they are permitted to work. its the guys who walks the corridors of the courts who is being effected.
Anonymous guest 23 Oct 2010, 17:15
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The AIBE is a commendable idea, but the problem lies in the way it is being conducted. The exam should have been declared much earlier and the study materials should have been made available much earlier. Only because on one fine day this idea came into the dream of some reformer, he should not have tried to implement that from the next morning without properly judging the pros and cons. Further it would have been nice if the fresh advocates were allowed to practice law and continue practicing on the condition that they should pass the AIBE exam. Furthermore,it is not about taking away recognition from Law Colleges as the fresh law graduates are already advocates who cannot practice law in courts thus recognizing and stressing the fact that only a degree of LL.B. is not sufficient to raise the quality of the Bar.
-Deep Mukherjee
Anonymous guest 23 Oct 2010, 18:54
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@17 young lawyers stepping up to BCI and Rainmaker are idiots.
they supported by the anti-liberalisation lobby who are AFRAID that foreign lawyers could be made to give the exam.

Everyone what do think, do our friend @17 here make any sense?
Anonymous guest 23 Oct 2010, 21:42
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@20: You are right my friend. AIBE is a great idea. Some cowards backed by political lobbies are opposing it and spreading misinformation about Rainmaker. Rainmaker is a very respected company admired for its professionalism.

Do not worry about delay in study materials etc. Hard working students will get great marks and get great recruitment. The AIBE is a great leveller. People from the NLUs are insecure that they are afraid that students from less fancy colleges will thrash them and get better placements. The AIBE is the greatest boon for the legal profession.
Anonymous guest 23 Oct 2010, 23:37
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@22 i support your view these nlu students no nothing but some good English they are afraid of students from other colleges.It is absolutely necessary for the betterment of legal profession
Anonymous guest 24 Oct 2010, 03:25
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Rainmaker is a friend to young lawyers ? How Mr. 17 ??
They take money to train people.They just provide their service.

You may be trained by them and may not have a job now.
So you are here to praise Rainmaker to get some favour.

Best of luck for shameless promotion of Rainmaker.
Anonymous guest 24 Oct 2010, 06:05
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Haven't we heard that old adage way too often: "Justice delayed is justice denied"? I just don't see any ray of hope now that October 30 is barely a week away. I wish something positive happens on 25th!
Anonymous guest 24 Oct 2010, 18:50
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Let us look at some of the key people opposing the exam:

Fatehpal Singh (NALSAR grad) and Anoop S (NALSAR grad working abroad not even in India)
Shamnad Bashir: NLSIU grad teaching at NUJS (not even a practising advocate)
Recruitment committees of NLSIU, NALSAR, NUJS

Can you see the common link? This shows that a small section of elites is mainly behind the opposition. Could they be worried that people from the great NLUs might be outshined by students of the "lesser" colleges.? The bar exam will lead to democratisation of the profession. It may also lead to liberalisation and open the doors for all students instead of a few belonging to an elite mafia.

Friends do not get brainwashed by the malicious propaganda against Rainmaker and the bar exam. Do not fall into the cunning trap being laid out by the NLU mafia. Study hard for the exam and show to the world that you are better than these overrated pampered NLUs!!
Anonymous guest 24 Oct 2010, 20:57
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What do want to say Mr. #26 ?
You are also away from the masses and obviously from Courts.
The people who run coaching classes, how they dare to comment on standards of advocates ?

Do you have any firsthand reactions of students and practising advocates regarding AIBE 2010 ? If you have then you cannot post this type of comments.
Do you think every student is willing to pay Rs. 1300 ?
Go out and ask every student of 2009-2010 batch.
Then you know ~ what the reality is.
Anonymous guest 24 Oct 2010, 21:01
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Read the facts on Legally India by searching for bar exam. There have been more than 10 (I don't remember how many exactly) petitions filed and only one of these is by an NLU Grad it seems. Most of the other ones are from other regional colleges in Bangalore, Pune, Ahmedabad and everywhere else.

But the only one who is still in the running in Delhi in the SC is a Nalsar grad - all the other ones have given up it seems. This suggests in fact that NLUs are the only quality institutions!
Anonymous guest 24 Oct 2010, 22:07
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Once we apply for SANAD, we can't do any other work except legal profession work while at the same time, in current situtation we can't work as an legal advisor also.

So what work can we do between this gap of SANAD & EXAM ?

Who will pay each registered advocate ?

CHAIR PERSON OF BCI ?

You can't join any legal firm also because we all are useless for them as we are advocates but we can't work as an advocate. One more thing, We are not against the exam but it must be before the declaration of final year/special LLB result. If student pass in bar exam than they will given final year passing marksheet otherwise withheld result. So until students are not pass in final year, result will remain withheld.

So there will be no such question or problems as mentioned above. No question of constitutional valid & BCI can also take action against the colleges where passing result is less than criteria decided by BCI.
Anoop Prakash 25 Oct 2010, 00:53
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Le k rahenge hum exam.

BCI ka hai Paigam.

per maine to......

abhi tak nahi jama kia ha form.

Let's boycott this Exam
Anonymous guest 25 Oct 2010, 01:20
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@27: Rainmaker does not run coaching classes. Do not spread false information.
Anonymous guest 25 Oct 2010, 02:24
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What Rainmaker is doing now ?
http://www.rainmaker.co.in/#/Professional_Education_and_Training/
They conduct courses of IGNOU , WBNUJS etc. to enrich legal ecosystem (their website language:)
Previously I think they offered cyberlaw courses at high cost which was discontinued for reasons they know well..
Anonymous guest 25 Oct 2010, 02:30
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@17,26,31 I think that u all r not law students because law students never support bar exam. U r connected with rainmaker or not ?
Anonymous guest 25 Oct 2010, 04:31
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the news item incorrectly mentions S.G.Shah as Registrar in the Delhi High Court. he is Registrar, Supreme Court of India. Also, when the writ petitions have been filed in the SC, then DHC Registrar cannot hear the matter.
Anonymous guest 26 Oct 2010, 17:39
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Guys i think we all must um=nite and protest OTHERWISE ITS NOT GOING TO WORK. Lets get in touch throug emails and phone numbers with each other discuss wot could be our next step, rather than diverting our time and attention towards agents and paint puppets.
Anonymous guest 30 Oct 2010, 17:17
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its nt abt NLSIU/NALSAR/NUJS students. Its abt passin out ppl aft 2010. y r they nt treatin us like any othr lawyers. V r no diff. dont b bias wid us...