While hearing a PIL against a Bar Council of India circular requiring a criminal background check for law students, the Bombay High Court on Monday (February 10) observed that it found nothing unlawful in the circular and subsequently dismissed the petition as withdrawn.

The petitioner contested the BCI's circular dated September 24, 2024, which mandated a criminal background check for law students.

The petitioner argued that the circular infringes on the right to privacy under Article 21 of the Constitution. He further claimed that it violates the right to education, emphasizing that even individuals with a criminal record are entitled to education. 

Additionally, the petitioner contended that the circular breaches Article 14 of the Constitution, as students from other disciplines are not required to disclose such information.

During the hearing, the division bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre questioned why law students’ criminal backgrounds should not be scrutinized.

The CJ Aradhe noted that merely based on criminal antecedents, students are not made ineligible to pursue education. He orally remarked, “Having a criminal case does not have the effect of depriving you from studying your course, only requirement is you disclose…”

He further said “We would have understood your grievance if they would have said if you have criminal antecedents you will be deprived of education…”

Observing that the petitioner was "foreclosing the right of aggrieved persons," the Court orally remarked that it would impose heavy costs on him. Following this, the petitioner sought permission to withdraw the plea.  

Accordingly, the Court dismissed the petition as withdrawn.