Bar exam writ hits Delhi HC on new grounds to disclose exam results

Tuesday, 1 March 2011 By Legally India Law schools

Exclusive: The All India Bar Examination (AIBE) is set to face yet another challenge in the Delhi High Court as former law student Anoop Prakash Awasthi has filed a fresh writ seeking the court’s direction to the Bar Council of India (BCI) to make the exam’s results public rather than granting a mere pass or fail certificate. Awasthi, whose public interest litigation (PIL) against AIBE was rejected by the Supreme Court in August last year even before even the BCI moved its transfer petition, has approached the Delhi High Court for three-pronged relief based on different grounds this time.

“To declare statement of marks scored by Advocate aspirants in the scheduled All India Bar Examination dated: 06.03.2011. To declare on its website, answers to the questions to be asked in the scheduled All India Bar Examination dated: 06.03.2011 within a week of examination. Refrain from awarding prizes to the best scorers in the scheduled All India Bar Examination,” Awasthi stated in his petition.

According to Awasthi, disclosing the AIBE results scored by candidates is imperative to cross-check and prevent errors that may crop up due to faulty computer programming and “to enable advocate-aspirants to calculate their chances of qualifying exam and to make representation in case of wrong answers, if any, erroneously crept in the answer list”.

The outcome of Awasthi’s petition would be known tomorrow when it is likely to be listed before the court for admission, he said.

Citing a Legally India article in the petition that the BCI would award the three highest scores in the All India Bar Examination with prizes in the name of Shri M.K. Nambyar, Shri N.A. Palakhiwala and Hon’ble Justice Mr. H.R. Khanna, he added in his petition: “Such awards may amount pseudo-branding of certain advocates as super-talented advocates within the young lot and hence shall frustrate the purpose of very examination, which otherwise is just a screening entry level Examination. If the said examination is intended to be a competitive examination and the toppers are to be rewarded, then marks obtained by each of the candidates have to be made known.”

Yesterday the Bombay High Court clubbed the last of the remaining high court writ petitions against the bar exam into the pending Supreme Court case.

The AIBE will be held this Sunday on 6 March 2011.

Click here to download the petition.

Photo by comedynose

Comments

Anonymous guest 1 Mar 2011, 22:58

+0 -0

Havent read the petition, but in my opinion if prizes are handed over to the top scorers it flows from logic of transparency that marks of all exam takers should be declared. But again most bar exams around the world do not declare marks as it is a qualifying test not a ranking one.

Anonymous guest 1 Mar 2011, 23:05

ENOUGH IS ENOUGH !!!! THE HEIGHT OF CORRUPTION AT BAR COUNCIL OF INDIA IS KNOWN TO EVERYBODY IN INDIA & IN THE WORLD ALSO! THERE WAS A HUGE AMOUNT OF CASH FOUND IN THE RESIDENCE OF ONE OF THE OFFICE BEARER ( NEXT TO CHAIRMAN) WAS ALSO PUBLISHED IN NEWSPAPER. THIS IS NOTHING BUT MOCKERY OF LEGAL PROFESSION THAT ENTRANCE EXAM TO BE HELD AFTER CLEARING THE DEGREE ??? IN OTHER COURSES, ENTRANCE EXAM IS BEFORE ENTERING THE DEGREE SO THAT A STUDENT CAN RATE HIMSELF THAT IF HE PASSES THE EXAM, THEN HE CAN GO FOR DEGREE. ( i.e. HE IS ELIGIBLE). AND HE CAN THINK THAT HE WANTS TO ENTER THIS FIELD OR QUIT !!! EXAM FEE OF Rs.1,200/- PER PERSON FOR MINIMUM 22,000 STUDENTS COMES TO Rs.2,64,00,000/- ( TWO CRORE SIXTY FOUR LAKHS), AND 40% COMMISSION WILL COME TO Rs.1,05,60,000/- ( ONE CRORE FIVE LAKHS SIXTY THOUSAND)WHICH MAY BE DISTRIBUTED BETWEEN COMMITTEE MEMBERS AND THE CONTRACT FOR CONDUCTING AND PREPARING MATERIAL FOR EXAM WILL BRING COMMISSION TO THE COMMITTEE MEMBERS AND THEIR RELATIVES. SO THIS EXAM IS NOTHING BUT THROWING DUST IN THE EYES OF THE COMMON PEOPLE. MORE THAN 50% STUDENTS CANNOT AFFORD THIS EXAM FEE DUE TO THEIR CONDITION. SO, REQUEST TO CHAIRMAN TO CANCEL THIS EXAM FOREVER IN THE INTEREST OF LARGE POPULATION OF ADVOCATE COMMUNITY AS WELL AS INDIA. OTHERWISE WE HAVE TO SAY " MERA BHARAT MAHAN, BAR COUNCIL BAIMAN ' THANK YOU. I REQUEST ADVOCATE COMMUNOTY TO DO SATYAGRAHA IN FRONT OF EXAM CEBNTRE ON 6TH MARCH & NO ONE SHOULD SIT FOR THE EXAM OR STOP EVERYBODY TO APPEAR IN THE EXAM THERE SHOULD BE MASS BOYCOTT FOR EXAM. JAI HIND.

Anonymous guest 2 Mar 2011, 00:00

WOW.. THATS QUITE SOMETHING (AM IN AWE AND HENCE THE CAPS.. AND I FELT IT WAS NICE TO CONTINUE WITH THE TREND).. BUT I DEFINITELY AGREE WITH THE PERSON ABOVE.. THERE SHOULD BE A PROPER AUDIT OF THE PROCEEDS AND ITS UTILIZATION.. FURTHER THE PRICE ACTUALLY IS QUITE HIGH CONSIDERING THAT IN SOME LAW COLLEGES U CAN FINISH OF THE ENTIRE 5 YEAR COLLEGE IN THAT AMOUNT.. I AM FROM A (TOP) SIC LAW SCHOOL AND I WORK IN A (TOP)SIC LAW FIRM AND WHILE (YAY ME).. I CAN UNDERSTAND THAT THE ENTIRE EXAM SET UP HAS BEEN ESTABLISHED KEEPING IN MIND THE LAW SCHOOLS ALONE.. GIVING THE ARRANGEMENTS TO THE UBER COOL RAINMAKER (WHICH ITSELF WAS FRAUGHT WITH SO MANY IRREGULARITIES) WHO HAVE FRAMED THE QUESTIONS SIMILAR TO THE ENTRANCE EXAMS.. IT SEEMS A LITTLE HIGH HANDED I MUST SAY.. WHY DO WE KEEP FORGETTING THAT THERE IS AN ENTIRE LEGAL SPHERE BEYOND THAT.. NOW I HAVE GOT CARRIED AWAY... ITS JUST THAT THIS ENTIRE THING REEKS OF BS... KIAN YOU CAN DELETE THE LAST PART IF YOU WANT

Anonymous guest 2 Mar 2011, 01:07

filing a writ for these kind of irregularities arises a presumption that the exam is constitutionally valid and intra vires A Act. And if this is the story then i think Mr Anoop should consider this aspect. If the Exam is not Legal then the question of declaring the results and not gving out of prices doesnt arise at all... But i understand that the legality of the exam ...the SC will not tk up the matter before next week...

Anonymous guest 2 Mar 2011, 01:34

I support the exam but not the rush-hush manner in which its being conducted.

Anonymous guest 2 Mar 2011, 02:29

wot difference it makes whether u support or not the rush-hush manner

Anonymous guest 2 Mar 2011, 02:55

answering 20:80 pattern does not qualify you as an advocate. you have to randomly tick one of the answers and like a lottery you might be lucky to get a certificate of practice. this is how our legal system ranks us.

all the best to all the 2010 batch advocates!

Anonymous guest 2 Mar 2011, 07:24

STUD MOMO B*H*NC**D!

Jyoti 2 Mar 2011, 07:33

If anyone is making a documentary on how not to conduct a qualifying exam in a professional manner, they need only follow the BCI's effort on the AIBE. From this article on LI, I learn that the sorry saga continues. The BCI has obviously gotten carried away in its zeal to award prizes - as usual another gimmick to get some publicity. The dodgy manner in which this exam is being conducted, and the inability of both the BCI and the Supreme Court to settle the matter with some finality is pathetic. The fees charged are unscientific - more than eight times compared to CLAT? No pass percentage is known - a vital fact if graduates are to know their chances. Is it simply a threshold exam (like ICSE / CBSE) or a competitive exam (like CA Final)? Will there be a review process? Should not representatives from bodies / groups other than the BCI be represented in the examination committee so as to provide a check on the BCI's penchant for adventure? Only in India could such a situation come into being.

Anonymous guest 2 Mar 2011, 13:42

Anonymous guest 2 Mar 2011, 13:51

Can ny1 plz tell me wot is the qualifying mark? and how much to be scored from which category ?

Anonymous guest 2 Mar 2011, 18:00

ENOUGH IS ENOUGH
I THINK GIVING PASS OR FAIL CERTIFICATE IS SUFFICIENT RATHER THAN DISCLOSING THE MARKS TOO...N AS FAR AS THE PRIZES R CONCERNED THAT SHOULD NOT BE AWARDED....IN THIS THEY CAN BE BIASED...

Anonymous guest 2 Mar 2011, 18:13

i totally agree with #12.......

Anonymous guest 2 Mar 2011, 18:14

Anoop has filed this case just to earn some name.i and my frnds will support BCI and will help the BCI counsel in this case.......in wotever way possible.......lets see ...

Anonymous guest 2 Mar 2011, 19:03

BCI is wrong because BCI has no authority to conduct exam council is not a university to pass or fail to any candidate before taking addmission in law council has to inform that after passing the law bachelor degree u have to write bar council test to practice

Anonymous guest 2 Mar 2011, 19:59

#14 anoop is fighting for all of us, he is a crusader, so hold your tounge u bci/rm pimp

Anonymous guest 2 Mar 2011, 20:16

Friends,

Everybody is arguing that there is no validity for the exam, why fighting for the ranks and marks.

The judiciary is closed their eyes instead of clearing the problem before the exam they are watching the fun played by RM and BCI with young new lawyers and their career.

SC is not going to take up the issue before 6th March, it seems, after the exam they will say that the exam is over and case will be is closed. Once exam is over who is interested to come here and argue for the past issue. Hence, SC must take up the issue before the exam date and check up the validity of the exam and on what basis RM is conducting etc., etc.

No.11,
First part consists 11 subjects 77 questions and 77 marks, out of 77 we have to score 31 marks. In 2nd part 9 subjects 23 questions should be answered, out of 23 we have to score 9 marks, so total 40 out of 100 marks. In 2nd part they are covering 5 subjects only (may be some important subjects) according to RM and BCI instructions.

I wish everybody good luck hope for the best.

Thanks.

Anonymous guest 2 Mar 2011, 20:42

so u will notice getting 40 marks is important to get CERTIFICATE of PRACTICE............not knowing answers to 60 questions is not a big deal..........we would be the best of all the existing practicing advocates.........:-))

Anonymous guest 2 Mar 2011, 21:01

Wow Mr. 16... ur so clever....he is basically doing nothing but wasting his tm and courts time..... this shows u dont hv understanding of law...when the exam is illegal ..wot is the point in declaring results or not... Mr 16 use ur brain and understand by this way ur accepting the lagality of the exam

Anonymous guest 2 Mar 2011, 21:02

Mr. 17 has understood the matter.This is called legal brain..Mr. LK RAO plz mk these brainless creatures understand.......

Anonymous guest 2 Mar 2011, 21:05

shame on anoop.....may dhc dismiss the case.....

Anonymous guest 7 Mar 2011, 18:58

If you really want a disclosure of the marks then ask for a password based disclosure. And if you really care about 'transparency' so much you can always file a RTI.

Disclosure of marks will just create a further divide between the high scorers and the ones who just passed. This exam is not about marks but just a processing of whetting. (Irrespective of the fact that how the exam was conducted or the mass cheating being witnessed by many)

Anonymous guest 7 Mar 2011, 19:01

Oh please are you guys 'Advocates' or some silly kids of Class 3 fighting over a prize and taking it to the Supreme Court.

ROFL

Get a life dude.

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