The Supreme Court on Wednesday agreed to hear on June 9, a petition seeking to direct the Bar Council of India (BCI) to declare the result of the 18th qualifying examination for Indian Nationals Holding Foreign Law Degrees (INHFLD).
The Vacation Bench of Justice Aniruddha Bose and Justice Rakesh Bindal listed the matter for hearing on Friday.
The examination for INHFLD was conducted from December 19 to 24, 2022 at the BCI office.
Advocate Yajur Bhalla, representing the petitioner, argued that the candidates would not be able to appear in the All India Bar Examination in October.
Petitioner Anchita Nayyar, a candidate who appeared for the 18th INHFLD exam, contended in her plea that even after a lapse of more than five months, the result of more than 75 candidates has yet not been declared.
She argued that her inability to practise as an Advocate was adversely affecting her livelihood.
She stated that BCI had personally assured that the results would be released within a week, but they have still not been declared.
The petition said despite numerous attempts including phone calls, emails and physical visits, BCI had failed to provide any assistance or respond to the concerns of the petitioner.
The petitioner said after getting no response from the BCI, she, along with several other candidates, sought the assistance of Senior Advocate Indira Jaising, who subsequently penned an open letter to the Chairman of BCI urging for the release of the results.
However, the plea said despite the passing away of a considerable period after sending of the letter, the BCI was yet to respond.
It has been argued that the petitioner’s fundamental right of the ability to earn a livelihood under Article 21 and the right to engage in a profession under Article 19(1)(g) has been violated as despite being qualified to practise, due to the technical prerequisites, she was unable to enrol as an Advocate under the State Bar Council.
The petitioner, while saying that she has no other alternative remedy apart from filing the Writ Petition, requested the Apex Court to issue a writ in the nature of mandamus directing the BCI to declare the result of 18th INHFLD examination at the earliest.