Ten students who are awaiting the results of final year law examination have challenging the Bar Council of India's (BCI) resolution to conduct an All India Bar Examination, which will entitle advocates to practice in India.
Sunil Bhagure and nine other students from the Manikchand Pahade Law College, Aurangabad, who appeared for final exams of the five-year law course in May, filed the petition in the high court, seeking quashing of the BCI's resolution terming it as illegal and violating the Supreme Court's order.
On April 10, the BCI passed a resolution to conduct the All India Bar Examination, the passing of which will entitle an advocate to practice law in India.
Any student who clears the examinations of the five-year LLB course will then have to appear for the All India Bar Examination to practice in courts in India.
The BCI introduced the new rule in under the caption of 'Conditions for Right to Practice'.
In December 2009, the Supreme Court struck down the rule.
Satish Talekar, advocate for the students, argued that once the rule was struck down by the Supreme Court, it cannot make rules prescribing conditions for the right to practice.
The students have sought that the resolution be quashed.
A division bench of Justice P.V. Hardas and Justice N.D. Deshpande of the Aurangabad bench of the high court issued notices to the Central government, the BCI and the Bar Council of Maharashtra and Goa asking them to file their reply by the second week of July.
Before the resolution was passed, law graduates were entitled to practice in any of the courts immediately after clearing their five-year law examinations.