The Telangana High Court has issued a recent directive to the Bar Council of India (BCI), instructing them to make a decision regarding whether law students in their final semester should be permitted to participate in the All India Bar Examination (AIBE).
Justice CV Bhaskar Reddy has instructed the BCI to review a representation made by a student on this matter. The BCI is required to make a decision within two weeks and communicate it to the student, as per the directive from the High Court.
During the decision-making, the BCI has been directed to consider the Supreme Court's observations in the case of Bar Council of India vs. Bonni FOI Law College and others. In this case, which was decided on February 10, the Supreme Court affirmed the validity of the All India Bar Examination (AIBE).
The High Court was addressing a petition filed by a student from Osmania University. The petition challenged a notification issued by the Bar Council of India (BCI) on August 16 regarding the schedule for AIBE-XVIII.
The petitioner argued that the BCI had not offered final-year or final-semester LLB students the opportunity to participate in the examination, despite the Supreme Court's remarks in its February judgment. In reply, the BCI stated that they have formed a committee to review the recommendations made by the Supreme Court.
In its earlier ruling earlier this year, the Supreme Court noted that students who were eligible to complete the final semester of their law course and had successfully cleared all their previous examinations could potentially be permitted to participate in the All India Bar Examination (AIBE).
The Supreme Court's Constitution Bench, in its verdict, stated that the outcome of the All India Bar Examination would depend on the individual successfully completing all the necessary components specified by their university or college as part of their course of study. It was also mentioned that the validity of the All India Bar Examination results would be subject to a specified time frame.
The High Court has now directed the BCI to consider this aspect as well when making its decision on the issue.
Case: Rajasekhar Simma v Bar Council of India, WRIT PETITION NO: 25056 OF 2023.
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