Delhi HC to not debar provisionally enrolled advocates and asks BCI to 'Pre-Set Schedule' for AIBE, Read here

Lawyer Nishant Khatri filed a petition in Delhi Bar Council as AIBE 17 is not being held within two years of his provisional enrollment, which is a criteria to obtain COP and continue practice. Read here

The Bar Council of India (BCI) has not released AIBE XVII notification yet, raising concerns over the exam being held this year. Lawyers, especially the ones already enrolled with BCI and awaiting the conduct of AIBE 17 to obtain the Certificate of Practice (COP) are worried over it. Lawyer Nishant Khatri filed a petition in Delhi Bar Council as the exam is not being held within two years of his bar council enrollment. Justice Pratibha Manindar Singh, hearing the matter, asked the BCI representative to announce AIBE 17 exam date soon, and consider conducting AIBE on a 'pre-set schedule' every year. In 2021, AIBE XVI was held on October 30, and the 17th session was expected to be held before October this year. 

The court also clarified that according to rule 9 of AIBE rules, wherein a provisionally enrolled advocate has to qualify within two years of enrollment to obtain COP. Therefore, the plea filed by lawyer Nishant Khatri (who enrolled with Delhi Bar Council in November 2019) stated that if BCI does not conduct AIBE this year, then he will be 'debarred' from pracitising in the court of law. Justice Pratibha M Singh confirmed Mr Khatri to not worry about his debarment or disqualification from the court as the exam is being delayed. She pronounced, "It is accordingly clarified that the petitioner shall not stand debarred from appearing in courts till further orders."

The All India Bar Examination (AIBE) was held twice in a year until 2019, when AIBE was held only once. BCI Counsel Manan Mishra had confirmed Supreme Court on August 2, in a hearing that they are planning to conduct exam within next three months, probably in November 2022. However, no update on AIBE XVII notification or exam date has been published yet. For this, BCI representative told the court that AIBE XVII notification is expected to be out shortly. The court noted that, "Let a status report be filed by BCI giving the next date for conduct of AIBE. The BCI should also consider having pre-set schedule for conduct of AIBE."

The matter will now be heard on January 6, 2023, and BCI has been directed to release AIBE 17 notification and exam schedule as early as possible. 

Read More:

• BCI reschedules 18th qualifying examination for foreign law degree holders, Check schedule here
• AIBE to be a pre-enrollment exam? Read details of SC hearing

• AIBE XVII 2022 syllabus released, Check details here
• AIBE XVII (17) 2022 to be held within 3 months: BCI Counsel Manan Kumar Mishra informs SC, Read here
• Law Graduates not practising law for over 5 yrs need to re-appear for AIBE: BCI
•  BCI to allow other professionals to enroll as provisional advocates on qualifying AIBE? Read here latest update on AIBE