Mr. Nilay Rai and 8 other final year law students from Delhi University have filed a writ petition through A. Velan (Advocate on Record) and Navpreet Kaur (Advocate) in the Supreme Court challenging the Bar Council of India’s recent notification regarding eligibility for the All-India Bar Examination (AIBE).
1. The petitioners are nine final semester students of the 3-year LL.B program at Delhi University’s Campus Law Centre and Law Centre-I.
2. They are challenging the Bar Council of India’s notification dated September 3, 2024, which prohibits final year law students from registering for and appearing in the upcoming AIBE-XIX scheduled for November 24, 2024.
3. The petition argues that this notification contravenes the Supreme Court’s directions in Bar Council of India v. Bonnie FOI Law College (2023), which had allowed final semester law students to take the AIBE.
4. The Supreme Court had directed the BCI to hold the AIBE twice a year and permit final semester students to take the exam, subject to their passing all components of their law course.
5. The petitioners also cite a Telangana High Court order dated October 6, 2023, in the case of Rajasekhar Simma v Bar Council of India (Writ Petition No. 25056 of 2023). In this case, the High Court had directed the BCI to consider allowing final year law students to appear for the AIBE, in light of the Supreme Court’s judgment.
6. The petitioners contend that the BCI’s actions violate their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. They argue that:
– The restriction on their right to profession is unreasonable and imposed through an executive fiat rather than law.
– Not being allowed to take the AIBE will cause them to lose valuable time in pursuing their professional careers after completing their law degrees.
– It violates their right to procedural due process under Article 21.
– It goes against their legitimate expectation that a statutory body would follow the law.
– It creates an arbitrary classification between students whose universities have declared results and those whose haven’t, violating Article 14.
7. They have sought quashing of the BCI’s notification and a direction to allow them to take the AIBE-XIX exam.
8. An application for interim stay of the notification has also been filed, requesting the court to allow the petitioners to appear for AIBE-XIX pending the final disposal of the case.
The petitioners argue that not allowing them to take the upcoming AIBE would cause them to lose valuable time in pursuing their professional careers. They contend that the BCI’s action is arbitrary and unreasonable, especially given the varying result declaration schedules of different universities.
The matter raises important questions about the implementation of the Supreme Court’s directions regarding the AIBE and the rights of law students in their transition to the legal profession. It is to be listed before the Hon’ble Chief Justice Court of the Supreme Court on 13.09.2024 as Item No 21.
Advocate on Record: A. Velan
