AIBE Candidate Approaches Supreme Court Claiming That Delay In Declaration Of Results Is Jeopardizing Her Right To Practice As An Advocate

An Advocate has approached the Supreme Court aggrieved by the delay in declaration of results of the 17th All India Bar Examination (AIBE) results by the Bar Council of India (BCI).

The 17th AIBE was conducted on 5th February 2023 across India, but despite a lapse of more than 2 and half months, the results are yet to be declared. The delay by the BCI “is jeopardizing the right of the Petitioner to practice as an Advocate and affecting her livelihood”, the plea states.

“The right to livelihood is one of the facets of right to life guaranteed under article 21 of the Constitution of India. Life of the 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 enshrined in 19(1)(g) cannot be curtailed or restricted unreasonably.” The petitioner has stated in her plea.

The petitioner Mani Munjal has sought for a direction to the BCI to declare the result of the examination without further delay, as there is no justification for the inordinate delay in pronouncing the results. 

On the day of the examination, the BCI had released a provisional answer key on its website. However, on 20th April 2023, more than two and a half months later, the BCI issued a notification with the final answer key. The notification issued on 20th April also states that the results will be declared soon, but no date has been specified for the same.

The petitioner contends that as per the All India Bar Examination Rules, 2010 she is not allowed to file Vakalatnama on behalf of a litigant or be engaged as a counsel, until she passes the AIBE.

“Petitioner was enrolled with the Delhi Bar Council on 12.07.2022 and more than 9 months have passed but she has not been able to start practice and is waiting everyday for the result.”