The BCI counsel also told the court today that the transfer petition which has not been listed since last year December would now be listed by the Supreme Court for hearing next week, said KJSV counsel Pankaj Sutar who appeared on behalf of the student petitioners.
Sutar told Legally India that the BCI moved an application in the SC seeking to club together their writ petition along with the other petitions that were transferred earlier after their petition was admitted by the Bombay High Court.
“Today, they got an order that our writ petition should also be transferred to the SC. The BCI advocate also made a mention that the hearing in transfer petition will come up on the board next week [though no date was specified].
“Ours was the only petition which was admitted by any of the high courts, other petitions were transferred directly to the SC [without being admitted].”
Sutar added that there is no clarification on so many aspects of AIBE. For instance, he said: “The students have been made to sign an undertaking, now today due to whatever circumstances, if a student is not able to clear the bar exam – what will happen to the Vakalatnama filed by him already.
“There are so many queries. After filing the writ petitions, about 70-75 students from various law schools have also joined and submitted their affidavits also because many students haven’t even received their admit cards even though they’ve [BCI] said that it’s given online and you can get it there.”
Sutar commented that KJSV will pursue this case in the apex court now. “We will fight in the SC and if we get a good order in our favour, at least it will benefit the next batch.”
He added that around 80 per cent of state bar councils had opposed the bar exam and had filed explicit resolutions against the exams.
The matter was last taken up on 14 February when the court directed the BCI to appear before it after it was heard for the first time in October 2010.
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Comments
In Hyderabad we are eagerly waiting for the answer from Bombay HC. But, this also sent to SC to club with other petitions there is no response from SC on previous petitions if this is also clubbed together with the previous petitions, that means again waiting for SC verdict. Before exams if something comes up in favour of students that will help us otherwise, what is the use of transferring the petitions to SC if there is no verdict before the exam date.
We are worried about our 2009-2010 batch not next years batch. Before the exam justification should be there from SC. Hope for the best.
Thanks.
If this is the position of Justice in India for even Advocates than May God Help this Country.
Supreme Court and the Cheif Justice seems playing in the hands of BCI.
Why not clear verdict is to be given before the Exam and why the only batch of 2009-2010 is suppose to go under the controversy.
In case if no clear position before Exam why should not the students themseves oppose the exam on the date of Exam.
it was taught to us to exhaust all remedies at the lower court before going to higher courts. here, all matters are in snail-pace manner being transferred to the apex body who have no concern for our batch.
and why just 2010 batch have to go through this trauma is a million dollar question? can BCI and SC answer this question?
it will help in improving the profession ,-D
That post is an example of how not to write good English. "heart rendering"? "disappointed a whole lot"? "in snail pace manner"?
That Bar Exam is desperately needed, as all the posts here make clear.
Law is not literature, here facts matter not your "good english".
Even after 60 years of independence we are still under the clutches of these Neo-Britons.
This is a democratic country, atleast in pen & paper.
Remember what Lord Denning said, my friend, quoting Walter Scott: A lawyer without knowledge of history and literature is like a mason; one who does have that knowledge can call himself an architect.
In any event, that's not the point. This isn't about literature, this is about knowing the basic rules of grammar and sentence construction. Neo-Britons? Unfortunately, my friend, Supreme Court proceedings are in... yes, wait for it... English! That perhaps makes it incumbent for people to have a working knowledge of the language?
By the way how many supports boycotting this exam...plz write ur comments on this....
And, the language of these nay sayers is atrocious. Words and their meaning almost part company. And these guys want to be lawyers!
God Save the Public.
It's suddenly become hip and cool to oppose anything on all sorts of ludicrous grounds. At this rate, the country had better start winding back to 1857 (or earlier even).
So the lawyers who had to train for 2-5 yrs before qualifying for enrolment must oppose the "easy" ride given to the recent batches, the old barristers must oppose the Advocates Act and its recognition of degree holders as lawyers and the White skinned Brits will oppose the desi lawyers.
And LegallyIndia keeps on giving these brats no end of limelight and making the AIBE sound like a sham. I hope these consciencious opposers of the AIBE are made to repeat the BAr Exam a few times. Grrrrrr.
Any law student with confidence in his or her abilities should welcome the AIBE and have nothing to few.
PS - Come on ye cowards, write something nasty to belittle me!
My god. You just epitomise the tragic condition of the Indian bar.
And in which news papers u found that?