NISHANT KHATRI Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The Petitioner - Nishant Khatri filed the present writ petition seeking directions against 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 was that he ought not to be debarred from practising as an advocate due to the non-conduct of the AIBE.

(3.) It was 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 5/6/2010. The said exam is mandatory as per Rule 9 of the AIBE Rules, 2010, which provides 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.