Jahanvi Agarwal
Hours before the Supreme Court agreed to consider a Writ Petition challenging the non-declaration of the result even after the passage of more than five months, the Bar Council of India announced the results of the “18th Bar Council of India Qualifying Examination for Indian Nationals Holding Foreign Law Degrees” today.
Following an urgent request, the Vacation Bench decided to list the Writ Petition asking the Bar Council of India to disclose the outcome on June 9, 2023. It was argued before the court that the candidates will not be able to appear in the All-India Bar Examination (AIBE).
According to the writ petition, due to the delay by BCI more than 75 applicants are getting affected as they are not able to practice as lawyers. The results of more than 75 candidates, including the petitioner, had not been announced even after more than five months had passed.
According to the argument, the petitioner’s right to make a living, which is protected by Article 19(1)(g) of the Indian Constitution, is negatively impacted by being denied the right to practice as an advocate. The plea read:
“Petitioner has filed this petition under Article 32 of the Constitution of India for the issuance of “Writ of Mandamus” to command the respondent to declare the result of the 18th INHFLD exam”.
Additionally, it was said that BCI’s unjustifiable and perplexing delay in disclosing the outcomes of the 18th INHFLD examination was contrary to expectations and devoid of rationale, especially in light of its substantial position as an essential component of the legal system.
The Petitioner had asked the Supreme Court to be happy to provide the required instruction to proclaim the outcome promptly and in accordance with whatever time constraints the Court may specify. In similar circumstances, the Bar Council of India (BCI) announced the results of the XVII All India Bar Examination (AIBE) in April, a few days after the Supreme Court received a Writ Petition requesting that it order the BCI to do so.
Name of the Case: Anchita Nayyar vs. The Bar Council of India
Diary Number: 619/ 2023
Bench: Justice Aniruddha Bose and Justice Rajesh Bindal