Plea In Supreme Court To Declare Results Of Bar Council Of India's Qualifying Exam For Indian Nationals Holding Foreign Degrees

The Supreme Court vacation bench comprising Justice Aniruddha Bose and Justice Rakesh Bindal listed on Friday a plea seeking to direct the Bar Council of India (BCI) to to declare the result of the 18th Bar Council of India Qualifying Examination for Indian nationals holding Foreign Law Degrees (INHFLD). The said examination was conducted from 19 December 2022 to 24 December 2022 at the BCI office. 

Appearing for the petitioner, Advocate Yajur Bhalla argued–

"The candidates will not be able to appear in All India Bar Examination in October."

He further requested the bench to list the matter on Friday. The bench agreed to the same and the matter will now be heard on Friday.

The petitioner Anchita Nayyar is a candidate who appeared for the 18th INHFLD exam. As per the petition, even after a lapse of more than five months, the result of more than 75 candidates has yet not been declared. Through the petition, the petitioner has argued that her inability to practice as an Advocate is adversely affecting her livelihood. She has further stated that the BCI had personally assured that the results would be released within a week, but they have still not been declared. As per the petition, despite numerous attempts including phone calls, emails, and physical visits, the BCI has failed to provide any assistance or respond to the concerns of the petitioner. Upon getting no response from the BCI, as per the petition–

"The petitioner along with several other candidates sought the assistance of Senior Advocate Indira Jaising, who subsequently penned an open letter to the chairman of the BCI urging for the release of the results. However, despite the aforementioned letter being sent, a considerable period has elapsed without any response from the BCI" 

It has been argued that the petitioner's fundamental right of the ability to earn a livelihood under Article 21 and the right to engage in a profession under Article 19(1)(g) has been violated as despite being qualified to practise, due to the technical prerequisites, she is unable to enrol as an Advocate under the State Bar Council.  

Stating that she has no other alternative remedy apart from filing the Writ Petition, the petitioner has requested the court to issue a writ in the nature of mandamus directing the BCI to declare the result of the 18th INHFLD examination at the earliest. 

Later in the day, BCI declared the results of the INFLD exams.

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