Breaking: SC allows bar exam transfer petition but no urgency to rule on exam’s validity

examination-hall_by_comedy-nose
examination-hall_by_comedy-nose
Exclusive: The Supreme Court today allowed the Bar Council of India’s (BCI) transfer petition clubbing together six high court writ petitions challenging the all India bar examination (AIBE) but declined to hear the exam’s constitutional validity just now citing its postponement to March next year.

The matter had been put up before the Chief Justice’s bench for “first hearing in the after notice matter” category following a prolonged apex court summoning process that concluded in November, having first been initiated in August. The Supreme Court had also dismissed a public interest litigation (PIL) had then issued directions for a combined hearing in the matter.

Senior advocate Dushyant Dave’s assisting counsel Anirudh Rajput, who appeared on behalf of a group of Aurangabad law students, was in court today before the Chief Justice and argued for a ruling on the statutory validity of the AIBE.

According to Rajput the judge ordered to let the students appear later because there was no urgency since the exam had been postponed until March.

Justices K S Panicker Radhakrishnan and Swatanter Kumar were the other judges constituting the bench.

Rajput added that the next date of hearing would be determined in future when the Supreme Court web site was updated with new hearing dates. Otherwise, he said, they would approach the Supreme Court registry to get it mentioned for a final hearing in January.

Additional Solicitor General Parag P Tripathi appeared for the BCI.

Photo by comedynose

Comments

Anonymous guest 13 Dec 2010, 19:13
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Well it seems that the overt reluctance as is exhibited by the Judiciary towards interfering with this blunder of AIBE shall support the law minister's efforts of destroying the independence of judiciary and finally introducing his dark Legal Practitioners Act, 2010 which shall be the last nail to the coffin of Indian Judicial System as we know it today.
Lets hope for a better tomorrow....
If there be one...
Anoop Prakash 13 Dec 2010, 20:25
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My lords have no urgency in the matter nor do we have.
Anonymous guest 13 Dec 2010, 21:46
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Still some hope. Sab ko sadbudhi de bhagvan. Sc have no urgency for bar exam case
Anonymous guest 13 Dec 2010, 22:02
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How shame it is for the Judicial System of India That the matter relating to the carriers of the officers of the Court ( i.e. Advocates) is not treated as urgent even by the Supreme Court of India who himself is solely protector for the rights available for the Indian citizens.
In such a position how a lay-man can hope for the Justice. It is only the attitude of the Supreme Court who promotes corruption.
Delay in Justice clearly means the denial of Justice.
lex suprema 13 Dec 2010, 22:26
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yes agreed there has been a delay in justice and so a denial of justice......So can any1 do anything about it?????? can ny1 move the stone........? including myself....so fall in line..thats wot we can do.......as we have been doing when india was ruled by foreign rulers...................
Anonymous guest 13 Dec 2010, 23:00
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In such a judicial system, where the carriers of so many advocates is concerned, the matter is not treated as urgent, what is the hope for Justice? Every one can understand.
This is the right time for revolution. As the Parliament , Supreme Court and all the authorities are not fulfilling their prime duties. And in the absence of which we all the poor people are suffering a lot. Such situations always attract the revolution. And also it is the history that always the revolution was started by advocates.

Again I want to repeat the words of Mr. Subhash Chander Boss " Tum Mujay Khun Do, Main Tumay Azadi Donga".

Let us start a joint Hunger Strick ( in each and every district) till the system awake. The way is difficult. But not impossible.
Anonymous guest 14 Dec 2010, 00:45
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The sc says there is no urgency. the exam is postponed to march 2010 the right to practice is granted temporarily after one submits the undertaking and our right to dignified practice is compromised as after successfully completing the llb course and enrolling yourself in sbc spending substantial amounts you are still treated as a advocate in waiting. And this is going to be year long wait if not less. God give us patience please.
Anonymous guest 14 Dec 2010, 01:20
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"The Chief Justice refused to grant a stay on the Bar examination and said that the students must appear in the exam when it is held in March”.
lex suprema 14 Dec 2010, 04:24
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# 8 Mr d..were u in court room...........?
lex suprema 14 Dec 2010, 04:29
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i think a mass petition to the law ministry and law minister could evoke some fruitful result.........as our law minister is someone who has got a vision with heart..... he is not led by brain always..............
lalitganatra 14 Dec 2010, 22:21
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There is some confusion

Case Number TRANSFER PETITION (CIVIL) NOS.1186-1192 OF 2010

or

Case Number TRANSFER PETITION (CIVIL) NOS.692-702 OF 2010

first one for ANUJ AGARWAL & ORS. ETC.ETC while second one for babubhai & others.

Both listed on same day i.e. 13-dec. First one shows the order where transfer from various courts detail given while in second one, old order dated 25-10-2010 is on website.

So which one is bar exam petition case ?

One more thing fatepal sing name or Punjab & Hariyana High court name is not in court order. So what happened to fatepal sing ??? That petition not transfer ??

Any One Have Idea ??

Kian U have any idaa on this matter ? than please clarify
lex suprema 14 Dec 2010, 23:56
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i find that really there is a lot of confusion regarding the matter.............hope politics doesnt start with this......
lex suprema 15 Dec 2010, 13:59
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as far as i kn.....though subject to correction......its the Case Number TRANSFER PETITION (CIVIL) NOS.692-702 OF 2010
Anonymous guest 16 Dec 2010, 00:02
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Dear friends,

See what is going on I expected this because, there is no value for law students in this country. When law students asked for justice, it seems purposefully they prolonged and postponed the issue. These are the words said by the judge instead of canceling the exam.

"Mr. Rajput the judge ordered to let the students appear later because there was no urgency" since the exam had been postponed until March.

That means they are going to conduct the exam wasting our time for three more months, later holidays starts to courts after holidays we have to start our future career.

To whom we will tell our problems it is almost one year wasted by BCI, who is going to compensate us neither BCI nor SBC. How can a young lawyer will survive without income, if SC also doesn't give their verdict on the issue then who is going to take care of these lawyers future.

BCI must think of paying compensation or stiphand whatever it is called, one academic year wasted by BCI, how silly it is.

Since SBC's also not supporting us, we have to teach them a lesson by avoiding bar council elections and nobody should cast their vote.

Thanks.
lex suprema 16 Dec 2010, 13:52
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see one way or the other Congress Govt is going to suffer in the coming election for not supporting the coz ...and scams will add to it.....Regarding sbc electio ni think Mr 14 is right.............I AM COMPLETELY A APOLITICAL PERSON TO CLEAR ALL DOUBTS.........
Anonymous guest 16 Dec 2010, 15:39
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I visited many state council website but not a single state council of website display undertaking. No messeges on website regarding undertaking.

So only gujarat state council is only who has follow bar council of india's decision.

Other state council not interested

Can anyone confirm this ?
lex suprema 16 Dec 2010, 16:33
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No other SBC's have also adhered by this resolution of undertaking.......by notification
lex suprema 16 Dec 2010, 16:35
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if the excuse gvn by the CJ is that "Mr. Rajput the judge ordered to let the students appear later because there was no urgency" so wot could have been the excuse when the SC refused to hear the case in Nov with scheduled date of exam on 4th dec...........
Anoop Prakash 16 Dec 2010, 22:20
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Friends

BCI's Examination Plans are outdated, pay no attention to them, work as extensively & efficiently as you can.

I haven't sign any affidavit nor do I have any plan to do so.
Anonymous guest 17 Dec 2010, 02:49
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Do whatever you can and go to hell.
Anonymous guest 6 Feb 2011, 04:19
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Appeal made to Authorities http://bit.ly/emytIR # http://bit.ly/gCjuKF