No Fear As It Is All Numbers - Generally 1 Out 3 Candidates Pass The Advocates-On-Record Examination

Drawing an analogy, from the one who has failed in an examination after properly preparing and attempting it, should not be regarded as having no tales to tell and guide, I say it with conviction, even after securing second (2nd) rank in the Advocates-on-Record Examination in the year 2023, that similarly, the experience of a topper should not be taken to be the linear success curve for the potential candidates to follow their path to the success; in essence, neither the failure is a fool, nor the topper is a genius, and every candidate needs to undertake the exercise of SWOT (Strengths, Weaknesses, Opportunities and Threats) Analysis at his or end necessarily to better understand him or her before attempting to understand the examination at first. No examination is fundamentally different; howsoever, the learned a candidate is, when one looks at it in the manner that every examination unhesitatingly demands understanding in terms of its structured planning, devotion and execution, and also the premise i.e., “Prepare for the Worst, but Hope for the Best” supporting it at its base, should never be taken for a ride. In this context and believing that history may help to see the future, with the Advocates-on-Record (AORs) Examination, 2024 being scheduled by the Supreme Court of India to be so held on 10th, 11th, 12th and 13th of June, 2024 in the Judges' Library at Additional Building Complex, an attempt is made here to assist the candidates to ace the aforesaid examination by making them understand the pattern found available through statistical and general analysis of the data gathered for the examinations and their results for the period i.e. 2013 till 2023.

1. The Advocates-on-Record (AORs) Examinations have mostly been conducted during the summer vacations of the Supreme Court of India except twice during the winters vacations, as dealt with under Order II Rule 4 of the Supreme Court Rules, 2013 (as amended from time to time and as in force as on date). It is interesting to look out for the orders as issued by the Examination Committee appointed by the Chief Justice of India as per Regulation 1 of the Regulations regarding Advocates-on-Record Examination, pertaining to not holding AOR Examination twice a year, preferably May and December, since the date of bringing the Supreme Court Rules, 2013 in force till date, there appears to be none in the public domain, but the answer received is that, “Advocate-on-Record Examination is held as and when directed by the Competent Authorities.” Considering the temperature during the weather prevailing for Advocates-on-Record Examination, 2024, which though is not congenial for the majority, has its own set of disadvantages unlike a few advantage(s).

2. The Advocates-on-Record (AORs) Examinations are held on day-to-basis with one (1) examination being held each day. The said trend is being followed over the past decade, except in June, 2019 examination, when there appeared to be a gap of two (2) more days between the second (2nd) and the third (3rd) examination. The self-structuring of managing daily examination in continuity which are being held during the summer vacations coupled with the condition i.e. “…….those who are given roll numbers and who absent themselves in any individual examination paper(s) will be treated as not sufficiently prepared for the examination and will be dealt with under Regulation 5(b) without giving them any further opportunity, and they shall not be permitted to sit in any subsequent examination except for good reason and with the express permission of the Board of Examiners.”, is an individual affair to be strictly taken care of. It is important to note that SC Rules, 2013 does not prescribe the limitation of holding daily examination, which if followed to be held on the pattern of Chartered Accountancy Examinations, then a day's break in between each examination, is not very much desired to be so implemented in the coming years.

3. The Secretary, Board of Examiners, Advocates-on-Record Examination does issue the results and marksheets separately for the Advocates-on-Record Examination, but has not released the entire set of data providing the number of candidates who 'applied', 'appeared', 'passed', 'remained absent', 'got failed', and who were subjected to Regulation 11(i) and Regulation 11(ii) of Regulations regarding Advocates-on-Record Examination in respect of each AOR Examinations held since the date of bringing the Supreme Court Rules, 2013 in force till date. The good thing, though, is the separation of results and marksheets do ensure that the identity of the candidates failing are not publically disclosed, which undoubtedly protects the professional credibility of the candidate as an advocate. It is significant to note that it is a disputed fact as to whether such data/information/detail is actually maintained by the Supreme Court of India in such manner or not.

4. The increase in the number of candidates registering and getting the roll umbers issued has a consistent track, except the diversions due to less or more time lapse existing before the December, 2019 and June, 2023 attempts, shows the proclivity of the advocates to enter into Supreme Court's practice; however, on the other hand, the absenteeism in the examination, having considered not sufficiently prepared for leading to loss of next one time except when allowed otherwise, has consistently remained one (1) out of four (4) candidates on a ballpark average. In terms of the conditions regulating the examination, even absenteeism in one paper would treat the candidate absent in all the papers, and it is important that once a paper is attempted, howsoever bad it goes, the candidate must not leave the other papers at all, as results can never be predicted by the candidate by his or her own self.

5. The misconception which generally prevails is with regard to the passing percentage, which draws or overwhelms the minds of the candidates. Generally, the passing percentage is calculated using the formula i.e. Total Candidates Passed/Total Candidates Registered X 100, which is easy to not only do, but to understand, is patently wrong, as candidates are never revealed a condensed data of absenteeism, which if taken into consideration, provides us with an alternative to extract the actual passing percentage in terms of the formula i.e. Total Candidates Passed/Total Candidates Appeared X 100. It is utterly important to understand that the inter-se competition, which though does not exist unlike competitive examination because the number of positions are fixed, is presumably taken here to shed light on the fact that an absent student is not a part of the race anymore, and therefore, the results are only a product derived from the candidates who appeared. The average passing rates fluctuate, indicating variations in exam difficulty and candidate preparation levels each year, the highest passing percentage was recorded in December 2022, with 44.98% of candidates successfully clearing the exam, while conversely, the lowest passing percentage was in June 2014, with only 16.46% passing it. If the tales sounded fear one that it is difficult to pass the examination, then the numbers might question his or her thoughts having not been acquainted with the fact that generally, one (1) out of three (3) candidates are passing the examination, which is absolutely achievable with reasonable level of preparation and execution. Interestingly, if one studies the result as well as the marksheet uploaded on the official website of the Supreme Court of India, then the above general conclusion would be found sweeter as the number of passed candidates include the candidates who re-appeared, having been put under the Regulation 11(i) and Regulation (ii) in the previous attempt, and passed the examination in the present attempt.

Despite the challenges, may be self-imposed or otherwise, a good number of candidates pass the exams each year, suggesting that with adequate preparation and execution, success is not that remote. Years with higher passing percentages must likely correlate with better preparation and strategic approaches by candidates, not per se dependent on easy question papers and examination pattern. Beyond the universal loss afflicted to the mankind in general by COVID-19 pandemic, the disparity which was created with a considerable long wait of holding the Advocates-on-Record Examination in December, 2019 after June, 2019 attempt, has though been seen as settled in its near entirety with the Supreme Court having decided not to reckon the same as an attempt, with a rider of it not to be considered as a precedent later, for the purpose of compliance with Regulation (11)(i) of the Regulations regarding Advocates-on-Record Examination which does not allow more than give (5) chances to a candidate, and wherein, appearance in any one of the papers in an examination is deemed as an attempt, but with that, certain areas permitting an advocate to become an advocate-on-record still needs due structured disclosures as a matter of transparent system, as far as the following are concerned:

• Advocates who have been granted exemption from training under Order IV Rule 5(ii)(a) of the Supreme Court Rules, 2013, being a solicitor on the rolls of Bombay Incorporated Law Society, since the date of bringing the Supreme Court Rules, 2013 in force till date.

• Advocates who have been granted exemption from training under Order IV Rule 5(ii)(b) of the Supreme Court Rules, 2013, being an attorney, since the date of bringing the Supreme Court Rules, 2013 in force till date.

• Advocates who have been granted exemption from training under Order IV Rule 5(ii)(c)(1) of the Supreme Court Rules, 2013, being an advocate for a period not less than ten (10) on the rolls of a state bar council, since the date of bringing the Supreme Court Rules, 2013 in force till date.

• Advocates who have been granted exemption from training under Order IV Rule 5(ii)(c)(2) of the Supreme Court Rules, 2013, being an advocate having special knowledge or experience in law, since the date of bringing the Supreme Court Rules, 2013 in force till date.

The fear surrounding the Advocates-on-Record Examination is often a flimsy barrier created by the unknown. By demystifying the exam results through a detailed analysis of history and implementing strategic preparation methods, aspiring advocates can markedly improve their chances of success. With determination and the right approach, the goal of becoming an Advocate-on-Record for the Supreme Court is well within reach. It is significant to disclaim that the data created, based on response(s) received under the Right to Information Act, 2005 and personal engagement(s), might have error(s) crept in due to reproduction and creation in light of time limitation and other reason(s), but the same should not hold importance as the larger interest lies in the understanding of its analysis which it brings forth.

The author is an Advocate-on-Record at the Supreme Court of India (contact@mkgprofessional.com). Views are personal.