2022/DHC/005413

$~74

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 5^th December, 2022

+

W.P.(C) 16623/2022& CM APPL. 52326/2022

NISHANT KHATRI

..... Petitioner

Through:

Petitioner in person.

versus

BAR COUNCIL OF INDIA & ANR.

..... Respondents

Through:

Mr. Preet Pal Singh, Standing Counsel

for R-1.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The Petitioner - Nishat Khatri seeks directions against the Respondent

No.1 - Bar Council of India (hereinafter, ‘BCI’)in view of the non-conduct

of the All India Bar Examination (`AIBE’).The Petitioner’s concern is that he

ought not to be debarred from practising as an advocate due to the non-

conduct of the AIBE.

3. It is submitted by the Petitioner that in terms of Rules 9 and 10 of the

All India Bar Examination Rules, 2010 (hereinafter, ‘AIBE Rules, 2010’) the

AIBE was introduced by the BCI on 5th June, 2010. The said exam is

mandatory as per Rule 9 of the AIBE Rules, 2010, which provide that no

advocate can practice under Chapter VI of the Advocates Act, 1961 without

clearing the AIBE. Further, the AIBE is to be cleared by an advocate who is

provisionally enrolled within a period of two years from the date of

provisional enrolment.

4. The Petitioner points out that in the minutes of the meeting dated 9th

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

11:20:22

Signature Not Verified

2022/DHC/005413

August, 2020, a resolution was passed by the of BCI giving exemption from

the said Rule 9 the AIBE Rules, 2010 from 24^th March, 2020 to 31^st March,

2021 due to the outbreak of the pandemic. Further, the last AIBE was

conducted only in October, 2021 and no exam has been conducted since then.

5. In Civil Appeal No(s). 816-817 titled Bar Council of India v. Twinkle

Rahul Mangaonkar & Ors. the Supreme Court while dealing with certain

issues concerning the AIBE passed order dated 2^nd August, 2022 wherein it

clearly records that the BCI had made a statement that the syllabus would be

published within 15 days from the said date and the examination would be

held within a period of about three months thereafter. The said statement was

taken on record. The extract of the said order of the Hon’ble Supreme Court

is set out below:

months thereafter. The statement is taken on record.”

6. The case of the Petitioner is that he got provisionally enrolled with the

Respondent No.2 - Bar Council of Delhi on 19^th November, 2019. He admits

that he did not appeared in the exam held on 31^st October, 2021, as in

accordance with the AIBE Rules, 2010, he had four attempts in two years in

which he could clear the AIBE. However, since the exam had not been

conducted, he could not exercise his choice of attempting the AIBE.

7. On a query from the Court, Mr. Preetpal Singh, ld. Counsel appearing

for the BCI admits that the last exam was conducted on 31^st October, 2021.

However, due to a change in the agency conducting the AIBE, there has been

Digitally Signed

By:DEVANSHU JOSHI

Signing Date:09.12.2022

11:20:22

Signature Not Verified

2022/DHC/005413

a delay in conducting the same. He further submits that in terms of the order

of the Supreme Court, the syllabus of the AIBE has already been published

and the notification regarding the same is likely to be issued shortly.

8. On a query by the Court, as to what would be the position of advocates

who are unable to take the AIBE within two years due the non-conduct of the

examination and whether they would be entitled to practice as advocates, Mr.

Preet Pal Singh, ld. Counsel submits that he would like to seek instructions to

this effect.

9. The Court has considered AIBE Rules, especially Rules 9 and 10. The

same are extracted hereinbelow:

“9.

The All India Bar Examination

10.

(1) The All India Bar Examination shall be

conducted by the Bar Council of India.

Digitally Signed

By:DEVANSHU JOSHI

Sig