The Delhi High Court on Monday asked the Bar Council of India (BCI) to consider having a "pre-set schedule" to conduct the All India Bar Examination (AIBE).
Justice Prathiba M Singh observed that such an arrangement would resolve the uncertainty regarding the dates of the examination which is taken by provisionally enrolled advocates to avoid being debarred from practising in courts, and the candidates can accordingly prepare for it.
The court was hearing a petition by an advocate, provisionally enrolled in 2019, who prayed that he should not be debarred from practising for not having cleared the AIBE within two years of enrolment since the last examination was held only in October 2021.
The petitioner highlighted that AIBE was supposed to be conducted in November but the time has now lapsed and no examination was held.
The court granted time to the BCI to seek instructions on the issue and directed that the petitioner, as well as other similarly placed advocates, shall not be prevented from practising in court.
The court observed that admittedly AIBE has not been conducted since October 2021 and that it has to be cleared by a provisionally enrolled advocate within two years and therefore a large number of advocates would be facing the “threat of debarment”.
“Let the status report be filed by BCI giving the next date for the conduct of AIBE. BCI shall consider having a pre-set schedule for the conduct of AIBE so that uncertainty can be resolved and provisionally enrolled advocates can prepare for appearing in the AIBE accordingly,” said the court.
The BCI counsel said that AIBE was delayed on account of a change in the agency that conducts the examination and notification for its date would be issued soon.
The matter would be heard next on January 6.
