Consider Having 'Pre-Set Schedule' For All India Bar Examination: Delhi High Court To Bar Council Of India

The Delhi High Court on Monday directed the Bar Council of India (BCI) to inform it about the next scheduled date of All India Bar Examination (AIBE), which was conducted last on October 30, 2021.

Justice Pratibha M Singh also asked the BCI to consider having a "pre-set schedule" for conduct of AIBE so that the uncertainty regarding the dates of the biannual examination can be resolved and provisionally enrolled advocates can prepare accordingly.

Keeping in view that the AIBE examination was not conducted after October last year, the court clarified that Rule 9 of All India Bar Examination Rules would not be operational qua such advocates who are unable to clear their examination within the period of two years of their provisional enrolment.

The Rule states that no advocate enrolled under the Advocates Act, 1961 shall be entitled to practise unless such advocate successfully passes AIBE exam conducted by BCI. The exam is to be cleared by an advocate who is provisionally enrolled within two years.

The court was dealing with a plea moved by a lawyer Nishant Khatri who got enrolled with Bar Council of Delhi (BCD) on 19 November, 2019. It was his plea that he ought not be debarred from practicing in courts due to non conduct of AIBE examination.

Considering the delay in conduct of the examination, Justice Singh clarified that the petitioner-lawyer would not be debarred or disqualified from continuing to rely upon his provisional registration and appearing before the courts till further orders.

"It is accordingly clarified that the petitioner shall not stand debarred from appearing in courts till further orders," the court ordered.

The petitioner referred to an order of the Supreme Court passed on August 2 wherein it was recorded that the exam would be conducted in November 2022. ASince the exam was not held last month, the petitioner prayed that he be not debarred from practicing due to non conduct of the exam.

On the other hand, the counsel appearing for BCI submitted that there has been a delay in conducting AIBE due to the change of agency in conducting the examination. However, the counsel told the court that the notification of the same is likely to be issued shortly.

On court's query as to what would be the position of the advocates who are unable to take the AIBE within two years due to the non conduct of examination and whether they would be entitled to practice, the counsel submitted that he would like to seek appropriate instructions in the matter.

The court noted that while the exam has to be cleared within two years from the date of provisional enrolment, a large number of advocates whose two year period would be coming to an end or may have come to an end this year "face the threat of debarment due to non conduct of AIBE in terms of Rule 9."

The court said that the order passed by the Supreme Court on August 2 clearly recorded that the BCI had made a statement that the syllabus would be published within 15 days and examination would be held within a period of 3 months thereafter.

"Let a status report be filed by BCI giving the next date for conduct of AIBE. The BCI should also consider having pre-set schedule for conduct of AIBE so that the uncertainty can be resolved and provisionally enrolled advocates can prepare for appearing in AIBE accordingly," the court ordered.

The matter will now be heard on January 6, 2023.

Title: Nishant Khatri v. BCI