postponement of BCI exm
Suchitra. S
(Querist) 15 November 2010
This query is : Resolved
Respected experts, pl let me know whether postponement of BCI entrance exam justified? The reasons given are that BCI could not send preparatory material in time and it expects greater participation from State Bar Councils. Whose duty was it to send them in time? How far it is correct to restrict one's right to Practice for almost a year? Is it not violative of Constitutional rights? How they are eligible to play with our career?
Suchitra. S
(Querist) 15 November 2010
Is that an answer expected by an expert !? If it is so difficult to conduct exam in this year, they could have postponed the same to next batch of students. which would no way make any difference to already spoilt judicial system.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 November 2010
Matter is moving at higher levels that is central law ministry and just possible the exams may be scrapped.
aman kumar
(Expert) 15 November 2010
you are right ! students can start writ in court for his/ her F. R . of profession to practice in bar as well as late to take part in judiciary exams .
Raj Kumar Makkad
(Expert) 15 November 2010
We all are bound by the creations of others. There is no way if State bar Councils have been lethargic in their work. Your suggestion is a welcome step but nothing can be done as BCI is the supreme body and we can do nothing but to follow its verdicts......
Suchitra. S
(Querist) 15 November 2010
Sir, how can BCI act ultra vires to BCI Act which says one can become an advocate after completing the law course as prescribed by it and after enrollment. There is no mention of this exam anywhere. How far they are justified conducting exam like this? If BCI acts are not legal, then where can we expect legality?
R.Ramachandran
(Expert) 15 November 2010
Dear Ms. Suchitra,
BCI has already amended the relevant rules in June 2010. Only thereafter the examination has been announced.
Suchitra. S
(Querist) 15 November 2010
Ramacahndran Sir, in that case also, other aspects of my query are not answered by you. Let me know about those as well.
R.Ramachandran
(Expert) 15 November 2010
Dear Ms. Suchitra,
The information available now is only in bits and pieces. Nobody really knows who convened the BCI meeting and how decisions were taken. Whether somebody is acting behind the back of the current BCI Chairman Mr. Gopal Subramaniam etc. In any case, a beginning has to be made somewhere and it was made in right earnest by the BCI.
But the 2009-10 academic year graduates challenged the move but did not effectively pursue the case - in that they were playing truant and have not made sincere efforts to receive the notice from the BCI - that is why before the Registrar of the SC the case was getting postponed from day to day.
I am not holding brief for either.
But according to me, the current impasse has been created more by the graduates rather than by BCI.
Whether the materials were sent to all or not I am not aware. But that does not seem to be the complaint of any of the candidates! We came to know only from the latest information in legally india about this.
Now that Mr. Sashi says that there is a move to scrap the exam altogether. If that happens sooner it would be better so that the graduates who had enrolled can start practising rightaway.
Suchitra. S
(Querist) 15 November 2010
Sir, where was the need to declare entrance exam all of a sudden to 2010 pass outs without proper preparation? Whether Rain maker's were given work after announcing tender? Many classmates of mine have not received the study material yet. Where was the need to restrict one batch of students from practicing like this? Mainly, whether this decision not violative of fresher's fundamental rights?
venkatesh Rao
(Expert) 15 November 2010
Madam,
At the outset, I find all answers are to be clubbed together to get an answer, yet incomplete. You are obsolutely right, but please brood over once again. We are in a country where constitution is highly respected. You are well aware that courts always lean towards the constitutionality of every statute, law, rule or any such made under them. BCI is a body competent to frame rules of its own.
Always there will be objects and reasons behind making or amending any law and it will be set forth in the preamble. I strongly hold voice with BCI in making such a provision as it aims at excelling the bar profession. But the BCI is on the wrong track to tie the horse behind the cart by announcing the exam much before making any preparation.
The reason given by the BCI seems to be acceptable; But it could have maintained status quo for the year being and come up with arms and armatures next year.
Anyhow, it does not deprive your right to practice. You must bear with since your possible writ though successful, also consumes more time than the exam to be scheduled.
Before parting with, I must say , the BCI is within constitutional frame work to insist entrance exam and I am afraid the court would also nod its head vertically for what I say.
Suchitra. S
(Querist) 15 November 2010
All I expected from the expert panel is to look from the angle of constitutional rights of the students who have passed in May 2010 and to wait to practice till May 2011. Well, you all have tried your best to console me, Thanks for that.
Arvind Singh Chauhan
(Expert) 18 November 2010
I think BCI can not the conduct exam without the help of govt. It can not avail the places and exam centers, staff etc without the help of govt. It requires amendment in advocate Act, that govt. can manage the exams.
Guest
(Expert) 26 November 2010
I know that you asked this question on lci as you are a sincere and intelligent student.
But our Indian govt or bar council dont follow the rules they make their own rules irrespective of the students care.
We all are helpless against govt corruption and the rules that against students.
raj kumar makkad said that BCI is the supreme body and we can do nothing but to follow its verdicts
