In this case [Nishant Khatri v Bar Council of India & Anr] the Delhi High Court on Monday asked the Bar Council of India (BCI) to consider having a pre-set schedule for the All India Bar Exam (AIBE) given the uncertainty that persists in conducting the biannual exam. The lawyers has come near to the High Court stating that they got enrolled with the Bar Council of Delhi in November 2019 but because the AIBE exams have not been channeled after October 2021, they ought not to be hitched from practicing.
Justice Singh stated that since the AIBE exams have not been organized since October 2021, Rule 9 of the All India Bar Examination Rules would not be functional in respect of advocates who have been unable to pass the exam within the two years of the provisional enrollment.
The petitioner, the Court directed that they will not be stopped from appearing in courts and that they can rely on their provision registration till further orders. The Court also asked the BCI to intimate about the next date of the upcoming bar exam. When the Court questioned about whether the students who are enrolled but have not been able to join for the exam are subjected to the practice, the BCI counsel need time to seek instructions on the same.
The High court ordered that “Let a status report be filed by BCI giving the next date for conduct of AIBE. The BCI should also consider having a pre-set schedule for conduct of AIBE so that the uncertainty can be resolved and provisionally enrolled advocates can prepare for appearing in AIBE accordingly,” . The matter will be further discussed next on January 6, 2023.
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