The writ petition was filed in Andhra Pradesh High Court challenging the withholding of AIBE’s result stating that the withholding of result without any valid reason or grounds is a violation of Principles of Natural Justice.
The petitioner submitted that the Bar Council of India issued two notifications on their official website, http://allindiabarexamination.com/.
The 1st notification stated all candidates who appeared for AIBE –XIV have to appear again for the next exam and the 2nd notification stated, “This is to notify that all the candidates falling under the category of missing/mismatch set-code, also, show-caused to furnish an explanation for the same stand disqualified for AIBE-XIV held on 15th September 2019.”
The petitioner submitted that the Bar Council of India cannot withhold the result of the entire centre for the mismatch in code was not the mistake of the candidates appearing for the exam and they cannot be punished for the same. Moreover, since the exam is an open-book exam, there was no scope for malpractice.
The petitioner further stated that merely because the respondents are conducting the exam, they cannot withhold the reason without any valid reason. Withholding of the result was done without taking into consideration the future of the lawyers who have enrolled for the exams and are waiting for the results.
The Bar Council in its Counter Affidavit stated that the Monitoring Committee took the decision of upholding the result of the nine exam centres after a thorough discussion on the Mass Cheating that took place in the examination Centres.
The respondents also submitted that admit cards to the candidates who had appeared at the cancelled examination centres would be directly issued without paying any extra fee for AIBE XV and without submitting any exam form.
(This news has been written and submitted by Ms. Nidhi Chillar during her course of internship at B&B Associates LLP. Ms. Nidhi is a third-year law student at the Vivekananda Institute of Professional Studies, New Delhi, Delhi .)