Can Final Year Law Students Appear For AIBE? Telangana High Court Asks BCI To Decide

The Telangana High Court recently directed the Bar Council of India (BCI) to decide if final year law students were eligible to appear for AIBE as per the Supreme Court decision in BCI v. Bonni FOI Law College & Ors.

Justice C.V. Bhaskar recorded BCI's submission that a committee had been formed to examine the Supreme Court recommendations in that regard. 

"The learned counsel appearing for the respondent No.1 has submitted that in compliance with the decision of the Hon'ble Supreme Court in Bar Council of India vs. Bonni FOI College and others (supra), the Bar Council of India has constituted a Committee to examine the recommendations of the Hon'ble Supreme Court. In view of the same, the respondent No.1 is directed to examine representation of the petitioner dated 18.08.2023 duly taking note of the observations made by the Hon'ble Supreme Court."

The petitioner had approached the High Court seeking to declare a notification regarding eligibility criteria for students who have appeared in the final year examinations conducted by Osmania University,  issued by the Bar Council of India as contrary to a Supreme Court judgment.   

The petitioner was a student enrolled in Osmania University pursuing an LLB 3rd-year degree course and had participated in the final year exams held on August 14, 2023.

The petitioner's grievance was regarding the fact that BCI had issued the notification on August 16, 2023, without providing eligibility to final year/semester LLB 3 years degree course students, as directed by the Supreme Court in Bar Council of India vs. Bonni FOI Law College & Ors.

In the said judgment, the Apex Court had held that law students eligible to pursue the final semester and had cleared all examinations could be allowed to take the All India Bar exam.

The petitioner contended that despite making representations and raising the above-mentioned issue, the same was not considered by the BCI. The petitioner further prayed that the Court may direct BCI to accept his application for AIBE-XVIII.

The counsel representing BCI explained that, in compliance with the Supreme Court's decision, the Bar Council has established a committee to assess the recommendations of the Supreme Court.

Justice Bhaskar while allowing the petition directed BCI to consider the petitioner's representation and to consider the observations made by the Supreme Court.

This review process was to be completed within two weeks. Accordingly, the writ petition was disposed of. 

Case Title: Rajashekar Simma vs Bar Council of India & Ors.

Counsel for the Petitioner: N.KRISHNA SUMANTH

Counsel for the Respondent No.2: D.PALLAVI

For the R.3: CH.JAGANATHA RAO, SC FOR OU

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