Kerala High Court Dismisses Candidate's Plea For Postponement Of Either AIBE Or AILET Due To Clashing Timings

Justice T.R. Ravi observed that it cannot direct the authorities to postpone the examination at the instance of one candidate who wishes to attend both examinations.

“The Court cannot direct the examinations to be postponed at the instance of one of the candidates who wishes to take the examinations. The learned counsel for the 1st respondent submitted that the candidate can take another chance for the All India Bar examination and the fee paid will be adjusted towards that chance.”

The Court passed the above order in a plea filed by the petitioner student who approached the High Court seeking postponement of either the AIBE or AILET as both exams were scheduled to be held on 10^th December 2023. The AIBE is conducted by the Bar Council of India for candidates to enrol with the bar for practising as an advocate, whereas AILET is the law entrance examination conducted by NLU, Delhi.

The petitioner student had approached this Court as both the 18^th AIBE, 2024  and AILET, 2024 are scheduled to be held on the same day. The Counsels representing the Bar Council of India and the National Law University, Delhi submitted before the Court that all arrangements have been made for conducting the respective examinations on the 10^th of December and cannot be postponed.

The Court was also apprised of the fact that the 18^th AIBE, 2024 will be held between 10 AM and 1 PM and that AILET is also scheduled to be held between 11 AM and 1 PM on the same day.

However, the Court stated that examinations cannot be postponed at the instance of one candidate.

The counsel representing the Bar Council of India submitted before the Court that the candidate can attend the AIBE next year if he wishes to do so, and the fees paid can be adjusted towards his next chance.

Accordingly, the Court closed the writ petition.

Counsel for the petitioner: Advocates P.M.Mohammed Shiraz and Aakhil Mohammed.P.M

Counsel for the respondents: Advocates Nisha John and Divya Ravindran

Citation: 2023 LiveLaw (Ker) 705

Case title: Athul Sundar v Bar Council of India

Case number: WP(C) NO. 38683 OF 2023

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