In an unexpected turn the all India bar examination (AIBE) transfer petition may now be scheduled for hearing by a division bench on or after 29 November according to one authoritative source, with completion of the summoning process making way for adjudication on merits.

A counsel closely associated with the case told Legally India that service is complete and the matter may be listed in the week commencing next Monday, although the Supreme Court web site is yet to mention an update in the case titled as Bar Council of India Vs Babubhai Vaghela & Ors [TP(C)No.697-702/2010] on the causelist.

He said that the information would be officially confirmed only once the web site is updated, which he believed would happen anytime in the coming week and added that in all probability the main matter itself will be taken up by the bench.

Since, the service of summons to the respondents stands completed, the chamber judge would not need to look into the issue of non-prosecution and proceeding before the court could make a finding, he stated.

The BCI’s (Bar Council of India) decision to postpone the exam as fallout of a meeting of the state bar council officials was reported last Sunday by Legally India and subsequently confirmed by other media. The BCI has been meeting in Chennai this weekend to decide on how to proceed, with a formal statement expected this Thursday (25 November). At the time of going to press Legally India could not confirm the outcome of the meeting, if any.

Update: The Chennai meeting does not appear to have yielded final decisions although some state’s bar councils such as Delhi’s have decided to allow 2010 graduates to practice with restrictions until the date of the exam in March 2011. Click here to read more.

The Supreme Court matter had reached a stalemate due to procedural hurdles for nearly two months but the next hearing expected to take place in the coming weeks could bring clarity to about the legality of the BCI to conduct the AIBE.