'AIBE Has Become A Great Hurdle': Plea In AP HC Seeks Exemption For Enrolled Advocates From AIBE Qualification Amid COVID-19

An advocate has approached the High Court of Andhra Pradesh seeking exemption from the qualification of All India Bar Examination 2020 for advocates who have enrolled with the Bar Council.

The writ petition filed by Bilaal Ahmed Syed, who enrolled with the Bar Council of Andhra Pradesh in the year 2019, seeks to either exempt the exam for the enrolled Advocates or to declare them as AIBE qualified in the wake of rising COVID-19 cases.

The petitioner had appeared for the AIBE exam held in September 2019. However, the Bar Council of India withheld the results of nine exam centres, including Vishakhapattanam (petitioner's exam centre), citing complaints of irregularities. The candidates of those exam centres were asked to re-appear in the AIBE 2020.

On May 16, the BCI notified August 16 as the date for AIBE 2020.  Later, the BCI decided on July 30 to postpone the AIBE indefinitely.

In this backdrop, the petitioner states that the postponement of AIBE- which happened twice in his case- has caused immense prejudice to several advocates like him, as they are precluded from filing vakalat. It is also pointed out that the lack of AIBE qualification made them ineligible for various welfare funds announced by the State Government for practising advocates.

The petition filed through Advocate Solomon Raju states :

"AIBE exam has become a great hurdle to all advocates who are not able to complete as of September 2019 on account of mistake of 1st respondent. Since enrolled advocates  couldn't complete their AIBE-XIV Exam, they were not bought under the shelter and welfare schemes of the state government as well as state bar council. As a present scenario Advocates who are supposed to attend AIBE –XV exam which is postponed without any further date, would be losing their valuable time in their professional life. The notification dated 30.07.2020 issued by the respondent has kept the professional lives of many advocates including my self in conundrum. The respondent notification dated 30.07.2020 could cause irreperable loss and injury to young advocates like me, since AIBE Exam is a open book exam, due to corona the respondent is not able to conduct the exam. It shall declare that all the advocates enrolled on the rolls of the respective state bar councils as AIBE qualified candidates". 

The petition points out that the BCI has allowed Universities to promote all law students up to the fourth year based on previous exams and internal marks. The petitioner urges BCI to adopt similar approach vis-a-vis AIBE.

The petition also highlights that the COVID-19 scenario is worsening, with India reporting more than 17 lakh cases and Andhra Pradesh crossing 1.7 lakh cases. So, it is not advisable to hold AIBE in such a situation.

"The 1st respondent shall reconsider its decision with respect to conducting AIBE exam which is a open book exam and exempt AIBE Exam for the year 2020 and declare all the enrolled advocates as AIBE qualified in view of COVID-19", prays the petitioner.