Bar exam sign-up extended to 15 Nov; GLC Bombay HC writ admitted

examination-hall_by_comedy-nose
examination-hall_by_comedy-nose
The Bar Council of India (BCI) has extended the All India Bar Exam registration date, which elapsed last Sunday, by another 15 days to 15 November as the exam is still scheduled to be held on 5 December.

The change was announced in a BCI press release today.

Bar Council of India (BCI) spokesperson Gopal Sankaranarayanan said: “Many candidates and State Bar Councils have requested the Bar Council of India to extend the date for registration (which ended on 31st October). As a result, BCI has decided to extend that date to 15th November.”

He added: “More than 21,000 graduates have registered so far for the Exam. This is out of those who have enrolled after graduating in the last year. There are several who never enrol after obtaining their law degrees, and so, to consider the registered candidates out of the total number of law graduates would not be accurate.”

Last week, according to sources only between around 12,000 and 15,000 students had registered for the exam.

Sankaranarayanan added that prizes would be awarded for the top three positions in the bar exam in the names of M.K.Nambyar, N.A.Palkhivala and Justice H.R.Khanna.

Citing unnamed law ministry sources the Times of India reported today that the law ministry had “categorically told the BCI” to not conduct the test this year, although BCI chairman Gopal Subramanium had said that he was unaware of such communication. [Note: In the same report the Times of India had mis-stated the bar exam date as 15 December, which was a typographical error and the examination date remains unchanged at 5 December.]

New Bombay High Court writ petition admitted

Last week three GLC Mumbai graduates filed a writ petition against the bar exam in the Bombay High Court, as reported by a number of news organisations.

Legally India can now reveal that Bombay High Court Chief Justice Mohit Shah and Justice DY Chandrachud admitted the case but declined to grant interim relief to the petitioners Kayval Shah, Karan Adhik and Utkarsh Muzumdar.

Through their advocates and KJSV partner Mohan Jayakar, together with Prafulla Shah and Pankaj Sutar they had challenged the BCI’s resolution of 5 June 2010 that introduced the mandatory bar exam for the 2010 graduating batch of law students. The petitioners claimed that the resolution was arbitrary and ultra vires to the Advocates Act, 1961 and in violation of Articles 14 19(1) g of the Constitution of India.

They also submitted that course materials had not yet been made available by the BCI.

KJSV said in a statement: “The Petition as filed in the Hon’ble High Court at Bombay is the only Petition amongst various petition which are filed all over India to be admitted by the Court. It is implied that there is a prima facie violation of right of the Petitioners/students by the Bar Council of India as The Hon’ble High Court, Bombay has admitted the Petition.”

Additional solicitor general DJ Khambatta appeared for the first Respondent, the Union of India. Khambatta submitted that transfer petitions were pending before the Supreme Court on the same issue. Those apex court cases are currently on hold due to Diwali court vacations and delays in serving all the respondents.

The judges said in the order: “If there is any substance in the grievance voiced on behalf of the petitioners regarding non-availability of the course material, the Central Government as well as the Bar Council of India will certainly take necessary remedial steps well in time.”

Download the Bombay High Court order dated 27 October here.

Photo by comedynose

Comments

Anonymous guest 5 Nov 2010, 00:37
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umm..correction..D.Y. Chandrachud is not Bombay HC Chief Justice...

[Thanks for pointing out the unintentional error, you are correct. -Ed]
Anonymous guest 5 Nov 2010, 00:56
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BCI has categorically extended the date only because it knows that once the court opens after Diwali vacation, there would be a 'stay' brought in this exam. Till such time, it does not want to stop the additional revenue of Rs 1300/- per student and hence has extended the date till 15th November. Students enrolling in November can expect their study material only in 2011.........that's our BCI now showing lollipop by way of awards to the first three students. Media.............wake up please!!
Anonymous guest 5 Nov 2010, 02:45
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They will keep on extending the dates because they are interested in only money.. [...]
lex suprema 5 Nov 2010, 13:43
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Well...is the news genuine....Has LM made such communication to BCI...... Can anyone plz gv me any confirm report. TOI's reporter/Jour.... Dhananjay Mahapatra seems to be the author... Now one prob with the news is that ..it mentioned about dEC 15 INSTED OF dEC 5TH.....But about the communication by LM .....??
Anonymous guest 5 Nov 2010, 15:57
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The exam will be conducted as scheduled.
Everything is ready now.
Stop weeping and start studing.
Anonymous guest 5 Nov 2010, 18:27
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It is wrong to drag the names of late Mr. M.K.Nambyar, Mr. Phalkhiwala & Mr. H.R.Khanna for an award so unjust.

Mr. M.K.Nambyar was an upright person in the field of Constitutional law particularly in respect of Fundamental Right. And here the students of 2009-10 batch are fighting against the BCI resolution that is arbitrary and ultra vires to the Advocates Act, 1961 and in violation of Articles 14 19(1) g of the Constitution of India. Even the Apex body cannot validate BCI’s ultra vires resolution as nobody is above the law.

Mr. Phalkhiwala (His favourite quotation was from Joseph Story, who said: "The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, the people."). Here BCI’s action proves the latter.

Mr. Khanna's dissenting opinion, claiming that the Constitution did not permit right to life and liberty to be subject to executive decree, is widely regarded as a landmark in Indian democracy. So if the Apex body upholds the BCI’s resolution, the student’s of 2009-10 batch shall openly dissent such opinions.

I applied for study materail in September 2010 and am still awaiting for the same. Am wondering when would the November applicants receive their material and how would they be justified in the above mentioned awards?
Anonymous guest 5 Nov 2010, 19:48
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# 5, no student is weeping u fool. Exam will not happen under any circumstances. GS and BCI ppl know it, and that's y thy hav extended the date. They do not have balls to close the deadline for submission until court decides the matter. In the end, ppl like u, BCI, GS, and RM guys will be weeping [...], when they will be sued for contempt of court, frivolous litigation charges etc. Wait n Watch. In Next 10 days, court will shatter the self-inflated ego of all [...] like u [...].
Anonymous guest 5 Nov 2010, 23:43
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I fully agree with #7 further BCI is only a governing body and has no authority to declare you pass or fail after we students have passed a law degree by a recognised university, and have a right to practice law under the Advocates Act 1961.
Anonymous guest 6 Nov 2010, 00:05
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@5- [...] The BCI is not above the law. Have u ever read the Constitution of India.You couldn't bcoz you r the agent of RM. Go 2 some business sites and promote RM's business there.BCI which couldn't serve notices of TP / 697-702 in three months to 10 parties ,how it could conduct an Examination on All India basis.The selection of RM for conducting the AIBE is a big scam.Being a public authority the BCI flouted GOI Finace Rules by not inviting competitive bidding for the AIBE.It is similar to CWG scam.
Anonymous guest 6 Nov 2010, 03:59
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By throwing blot on each other our work will not get done.......Unite and protest.........We indian took almost 1000 years to understand that we only we unite we can be a independent nation....at least we sh learn from our past history. .Lets us unite and protest so that the Govt makes the BCI take back its faulty decision.... See if the Govt doesnt do it.... in the comming election its surely going to loose many votes of us...
Anonymous guest 6 Nov 2010, 14:33
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The undemocratic manner and the dictatorial attitude with which BCI is conducting the Exam is highly objectionable. It needs to be condemned.
But is the Union Government sleeping. It is being alleged that the BCI chairman is handpicked choise of Union Ministry. Why is union government mum on the subject? Why is it not interferring?
It means Union Government is also part of this controversy which is affecting thousands of law graduates and lakhs of their family members. I can bet that if same is the attitude of Union Ministry, it is going to suffer in coming elections.
Anonymous guest 6 Nov 2010, 15:55
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AIBE is a lesson for those who enjoyed happy times in shoppingmalls,movies with girlfriends & cheated in exams subsequently in every semester.
These students are trying to block the noble effort from its inception.
"There is no shortcut to success"~They will realise soon.
Anonymous guest 6 Nov 2010, 19:43
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#11 yes yes...tell me sir how can i help u
Anonymous guest 7 Nov 2010, 00:00
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Students everywhere u r loosing...how do u think u will get justice. Tk my advice get under ur blanket and start studying...... i hope by now u must have received ur materials ...so no more fuss just study...... Right or wrong we have proved our point did u see? When we want to do smth we do it...we tk firm decision...to mk a firm India....
Anonymous guest 7 Nov 2010, 16:04
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What material ? Have you printed it yet "Jokers" ?
Leave the country or else...
Anonymous guest 7 Nov 2010, 20:50
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BCI is Loosing it, dead line after dead line . do they know what deadlines mean.
Anonymous guest 7 Nov 2010, 21:55
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Please move an application for stay soon in supreme court, mention it in supreme court soon . Contact mr. Dushyant Dave Senior Adv he is already appearing on behalf of some. Make a good strategy and go ahead .
Anonymous guest 7 Nov 2010, 23:27
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Do u think the Govt will help u...might is right....We r in power...... Wot wrong do u speak of.... Wot ever we r doing is rt...Kepp it up BCI... 3 CHEERS FOR bci
Dubby 8 Nov 2010, 02:09
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Presumably most of the authors are recently graduated law students and should therefore, be able to give logical challenging arguments. With a few exceptions, the comments are in poor taste, ad hominem and add little to the discussion.
lex suprema 8 Nov 2010, 14:08
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Exactly..... this is not at all desirable..... We should be more restrained (language wise). But it seems that it is proving futile writing here. It seems that is has just been a heap of ebb and flow of comments and nothing else. Nobody even nears to logic and rationality.... forget about constitutionality..... May be its true that we didnt get justice...may be its true that exam will be conducted.....but a wrong thing will not end up doing any reform....it will only disintegrate.
Anonymous guest 8 Nov 2010, 15:27
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No stydy material received yet.
BCI is not receiving phone calls.
What should we do now ?
Anonymous guest 8 Nov 2010, 17:22
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BCI is driving the advocates to such desperation and utt4er frustration that i wont be surprised if sm poor guys end up closing up their life. I would say We advocates sh leave practicing ...when we cant get justice for whom are we going to fight for justice...for whom we will advocate in court for justice.....
VIRAJ KADAM 8 Nov 2010, 18:43
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I guess it is a good move to improve the quality of Advocates who wish to join the Bar. Nothing wrong in giving bar exam, but yes, we can give up the University exam and substitute the same by Bar exam. This possibility shall not be ruled out.
Anonymous guest 8 Nov 2010, 18:56
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EMAIL AND PHONES NOT WORKING...
V SHOULD STOP MAKING COMMENTS HERE AND GET TOGETHER AND SPEAK AGAINST THIS EXAM....
Anonymous guest 8 Nov 2010, 20:48
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#24 HOW DO U THINK WE SHOULD GET TOGETHER? what kind of protest and how ?
Anonymous guest 9 Nov 2010, 00:34
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Iam one of the petitioner. i hv not received any notice from the BCI in transfer petition... nor I hv received the study material till yet....
Anonymous guest 9 Nov 2010, 02:09
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hey can anyone tell me hw come they award this prize as exam rules says that only pass and fail, no marks would be revealed [...]

FUC**D up boy ( who still is studying)
Anonymous guest 9 Nov 2010, 03:41
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If this is the case.......and if SC doesnt hear the case ex-parte against those who did not receive notice yet......never the case will be decided atleast before 5th dec
Anonymous guest 9 Nov 2010, 04:17
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we can approach associations and members of different organization such as human right commission,non govermental organization,bar associations,jurist persons,political leaders,asking media people to advertise our meeting agenda and also asking clarification on bci move of conducting bar exam without proper way,
Anonymous guest 9 Nov 2010, 13:43
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#29 ...but when? how? How to organise meeting of all of us? I have sent emalils to times but they have not sent ny acknowledgment back....Well human rights...a letter can be sent there...or personal visit could work.......but where to go and how.....Another option is we could send letter to PM and President even... I BELIEVE THAT WE SHOULD HAVE THE FEDARAL COURT SYSTEM AGAIN TO APPEAL FROM SC DECISION OTHERWISE IT IS BEING JUDICIAL DADAGIRI
Anonymous guest 9 Nov 2010, 21:26
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Students delegation should meet President,Prime Minister & Party leaders soon and place before them our reasonable demands.
Anonymous guest 11 Nov 2010, 01:16
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hey kian whatz goin with u...

why do u keep editing my post, n still i am waiting for your reply..why no comment on t bar exam,
Gopu uncel n sachin bhaiya...has thy gt anythng 2 do with it...

well u ediited my big portion n main crux f t story...if no marks r to be revealed then hw come prizes...any comment on this Mr. Kian...

Again FUC*ED Up Boy ( Now nt studyng any more) hell wit t exams n ppl concerned with it
:-x
Anonymous guest 16 Nov 2010, 19:59
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when already number of writs are pending..filing more writs wont serve any purpose except worthless publicity..pls stop doing that..