Law degree holders challenge compulsory test by Bar
The Bombay High Court has admitted a petition filed by a group of law graduates, who challenged a rule introduced by Bar Council of India (BCI) requiring them to appear for an all India test before being entitled to practice.
Mumbai: The Bombay High Court has admitted a petition filed by a group of law graduates, who challenged a rule introduced by Bar Council of India (BCI) requiring them to appear for an all India test before being entitled to practice.
The rule introduced by BCI under Advocates Act (1961) from academic year 2009-2010 makes it mandatory for all law graduates to appear for the written test conducted by the Bar.
Counsel for the petitioners, Mohan Jaykar and Prafulla Shah, argued that the resolution of the BCI introducing this rule was arbitrary and ultra vires of the Constitution.
The lawyers pleaded that BCI has no right to take away the right to practice from a law student who has passed LLB examination, enrolled with the State Bar Council and obtained a Sanad (certificate to practice).
They argued that the State Bar council had unanimously opposed the BCI`s resolution. The lawyers said that the announcement of All India Bar examination at such a time of the year when all universities of India had declared their results violated the doctrine of legitimate expectation.
It was argued that when the petitioners commenced their law education, they were not informed that they would have to qualify an all India examination of the Bar to practice after becoming law graduates.
The lawyers pointed out that similar petitions have been filed in various courts all over the country.
Chief Justice Mohit Shah and Justice Dhananjay Chandrachud admitted the petition yesterday.