In a plea seeking direction to conduct All India Bar Examination through online mode, the Delhi High Court has issued notice to the Bar Council of India.
The Single Bench of Justice Jayant Nath issued notice to the Bar Council of India. The matter will next be taken on September 23.
About All India Bar Examination
Originally, the AIBE was scheduled to be conducted on August 16. However, the BCI canceled the scheduled date without providing a fresh date for holding the exam by a notification dated 30/07/20.
The petition filed by Mr Purav Middha seeks grace period till the next date of examination to be granted to candidates holding provisionally enrolled enrolment certificate starting from the commencement of lockdown i.e. March 21, 2020.
Contention by the Petitioner in the All India Bar Examination Plea
Contentions were raised by the Petitioner that the BCI violates rights of a candidate under Article 14, 16, and 19(1) (g) of the Constitution as it has conducted no examination for almost 11 months now.
The Petitioner argued, ‘Bar Council of India is totally ignorant about the wellbeing of young lawyers holding provisionally enrolled Certificate and also violates their rights under the Constitution.’
The BCI’s Policy of not extending the benefits of the Welfare Fund to young lawyers was also challenged by the Petitioner where he sought court’s direction to give financial aid to needy young lawyers (provisionally enrolled) and get the benefit of Welfare Scheme if required during this pandemic situation to the BCI.
‘When the BCI was aware of the situation, it should’ve conducted the online Open Book Examination instead of the physical examination by getting in touch with the National Informatics Centre.’The petition