AIBE XVII (17) 2022 to be held within 3 months: BCI Counsel Manan Kumar Mishra informs SC, Read

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Anjum
Anjum Khan
Assistant Manager
Updated on Aug 7, 2022 01:48 IST

AIBE XVII 2022 to be held within the next three months i.e. tentatively in October-November 2022, informs the BCI Counsel. An updated syllabus for AIBE 2022 to be published in next 15 days. Read here to know more. 

The Bar Council of India has extended the last date of tender submission for conduct of the All India Bar Examination (AIBE) by testing agencies/ firms/ companies till August 20, 2022. Therefore, candidates awaiting AIBE 2022 applications forms can expect a delay in the availability of forms. Moreover, the Sr Counsel Manan Kumar Misra, in a heaing held on August 2 informed the Supreme Court of India, that the AIBE XVII will be held within next three months, and an updated syllabus will be shared within 15 days. 

In court proceeding of Civil Appeal  No(s). 816-817/2022 BAR COUNCIL OF INDIA Appellant(s) VERSUS TWINKLE RAHUL MANGAONKAR & ORS. held on 02-08-2022 before CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE S. RAVINDRA BHAT, and HON'BLE MR. JUSTICE M.M. SUNDRESH, the following points were put forth: 

Expected timeline for conduct of AIBE XVII and updated syllabus

With respect to last hearing held on April 21, the Bar Council of India has answered the queries about the conduct of examination, availability of application forms, and the structure and syllabus as well. In the hearing it stated, "With reference to the averments in the application(s), on our query, learned senior counsel appearing for the Bar Council of India states that the syllabus will be published within 15 days from today and the examination will be held within a period of about three months thereafter."

Record of AIBE Qualified Candidates

The court has acknowledged and appreciated the BCI efforts as per the suggestions made in the last hearing, and also directed the council to maintain a record of candidates who qualify the bar examination in Register A. Previously, the SC Bench for the civil appeal hearing has pointed out the monitoring of the qualified advocates. Therefore, the SC has asked the bar council to enter the name of candidates only upon clearance of AIBE. It stated, "We have perused the additional affidavit filed by the Bar Council of India and we must appreciate the progress which has been made. Learned Amicus Curiae points out with reference to paragraph 8(A)(i) that apparently as the report stands it may not correctly reflect the position qua Register A as - Register A has to contain the names of candidates who passed the law examination and are enrolled in Register A to be able to take the examination, whereafter on clearance of the Bar examination their names will be entered."

Persons with other jobs to reappear for AIBE after resignation

As stated earlier, BCI has mandated a person with other jobs/ profession than law, to appear and qualify AIBE, and submit an undertaking to express their interest of pursuing a career in law and resign from their current job. But now, the BCI has mentioned that such candidates will have to appear for AIBE exam once again after resigning from their current job, even if appeared and qualified AIBE previously. As stated, "Mr. Manan Kumar Mishra, learned senior counsel for the Bar Council of India states that necessary clarification will be issued but in any case we record the intent of the same. In respect of the aforesaid, it is clarified for the benefit of the parties with consent that the procedure to be followed by the Bar Council of India would be that persons who are in jobs and are desirous of taking the examination, will in advance inform the Bar Council of the factum of their employment and on being successful in the examination, an undertaking would be required that within six months they will take a call whether to resign or join the profession or they will still continue to work in their respective jobs, in which case, they would on a subsequent date being so desirous of joining the profession require to take the examination afresh and in case of resignation give proof thereof. 

Reissuing of COP for candidates not in law career for more than 5 years only after passing AIBE 

BCI has also stated that for candidates who have not been practising law or were not in connection with legal profession, need to appear and qualify AIBE once again to get 'Certificate of Practice'. The reason being, BCI suspends the liscence of candidates who do not practice/ get into law profession within next five years of AIBE result declaration. Such candidates have to appear for AIBE once again, however, candidates who are working as Public Prosecutor, A.P.P or in some judicial service, or Law Officers in some corporate or government offices are exempted from this condition. 

The council stated, "We have been shown the extract of the Minutes of the General Council Meeting of the Bar Council of India dated 08.07.2022 qua Register C which has been read over and   seems to be in order except on one issue that in the penultimate paragraph where it refers to the requirement to appear in the examination again and clear AIBE again after 5   years, instead of a publication of the result of AIBE it should read as after suspension of licence."

BCI will recieve tenders from testing agencies/ firms/ companies till August 20, to conduct AIBE from the current session onwards. The online application forms of AIBE XVII are expected to be released in September only. 

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Anjum Khan
Assistant Manager

Holding core experience in EdTech domain for multiple streams including Law, Design, Hospitality, and more. Helping students take informed decisions for their higher education.

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