Keywords: Plea, Petitioner, Result,INFLD exams, BCI.
On Friday, the Supreme Court vacation bench, consisting of Justice Aniruddha Bose and Justice Rakesh Bindal, scheduled a hearing for a petition that requests the Bar Council of India (BCI) to announce the results of the 18th Bar Council of India Qualifying Examination for Indian nationals holding Foreign Law Degrees (INHFLD). The examination in question took place at the BCI office from 19th December 2022 to 24th December 2022.
Appearing for the petitioner, Advocate Yajur Bhalla argued– “The candidates will not be able to appear in All India Bar Examination in October.”
According to the provided source, the petitioner also requested the bench to schedule the hearing on Friday, and the bench agreed to the request. As a result, the matter will now be heard on the mentioned Friday.
According to the petitioner, Anchita Nayyar, who appeared for the 18th INHFLD exam, the results of over 75 candidates, including herself, have not been declared even after a period of more than five months. She claims that this delay is negatively impacting her ability to practice as an Advocate and is causing financial difficulties. The petitioner states that the Bar Council of India (BCI) had assured her personally that the results would be announced within a week, but this has not happened. Despite multiple attempts, including phone calls, emails, and in-person visits, the BCI has failed to address the petitioner’s concerns or provide any assistance. The petitioner alleges that the BCI has been unresponsive to her attempts to seek clarification and resolution regarding the delayed results. 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 letter being sent, a considerable period has elapsed without any response from the BCI”
It has been contended that the petitioner’s constitutional rights, specifically the right to earn a livelihood as guaranteed by Article 21 and the right to engage in a profession as protected by Article 19(1)(g), have been infringed. This is because, despite being qualified to practice, the petitioner is unable to enroll as an Advocate with the State Bar Council due to certain technical requirements, thereby preventing her from pursuing her chosen profession.
The petitioner, asserting that there are no other viable remedies available, has urged the court to issue a writ of mandamus instructing the Bar Council of India (BCI) to promptly announce the results of the 18th INHFLD examination.
Later in the day, BCI declared the results of the INFLD exams.
Written by- Mubashara Fatima, College name- Unity PG and Law College, Semester- 6th, intern under Legal Vidhiya
