The Supreme Court in the case observed wherein the plea is moved by an advocate who is being aggerived with the delay caused in declaration of results of the 17th All India Bar Examination, AIBE by the Bar Council of India, BCI
The plea filed stated that the 17th AIBE was conducted on February 05, 2023 across India but despite the lapse of more than 2 and half months, the results are not yet been declared. Therefore, the delay caused by Bar Council Of India in declaring the result is ‘jeopardizing the right of the Petitioner in order to practice as an Advocate and the same is affecting her livelihood’
It has also been stated by the petitioner in her plea filed that the right to livelihood is one of the facets of right to life which is being guaranteed under article 21 of the Constitution of India. However, the life of person would be miserable if he is unable to earn for his livelihood and therefore the right to earn by engaging in the profession in exercise of the right to practice a profession as it is being enshrined in 19(1)(g) cannot be curtailed or restricted unreasonably.
The petitioner was filed by one Mani Munjal, wherein seeking for a direction to the Bar Council Of India for declaring the result of the examination without causing any further delay, as there being no justification for the inordinate delay in pronouncing the results of AIBE.
Therefore, the Bar Council Of India on the other day of examination released the provisional answer key on its website. However, the Bar Council Of India issued a notification with the final answer keys on April 20, 2023. Thus, the notification issued on April 20, 2023 also stated that the results will be declared soon, but as of now no date has been specified for the same.
It has also been contended by the petitioner in the plea filed that as per the All India Bar Examination Rules, 2010, she is not being allowed engage as an counsel and to file Vakalatnama on behalf of a litigant, until she passes of the All India Bar Examination, AIBE.
The petitioner, Mani Munjal was enrolled with the Delhi Bar Council on July 12, 2022 and more than 9 months have passed but she is not been able to start practice and she is waiting everyday for the result.
