HC relief to candidate who 'failed' bar exam
LUCKNOW, June 8 -- Granting relief to a candidate who was declared unsuccessful in the All India Bar Examination (AIBE-2020) solely on the basis of a minor error in filling out the OMR sheet, the Lucknow bench of the Allahabad high court directed the Bar Council of India (BCI) to reconsider its decision and have the petitioner's answer sheet manually verified, keeping in view that successful clearing of AIBE exam has been made mandatory for obtaining Certificate of Practice that legally permits an individual to practise and appear before any court of law in India.
"We also direct that, if, upon such verification, the petitioner is found to have passed the examination, he shall be declared successful and treated as a pass candidate." the court ordered.
The BCI also admitted before the court that the manual verification found the candidate had passed the test.
A division bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on June 3 on a petition filed by Love Yadav.
The petitioner challenged his "fail" result and sought a physical verification of his OMR sheet and answer key.
He claimed that he had marked "D" for the set code of the question paper on the OMR sheet but inadvertently left out the corresponding circle. Due to this technical error, the machine incorrectly evaluated his answer sheet and he was declared failed.
The BCI counsel informed the court that the petitioner had passed the manual verification based on question paper D.
Following this admission, the court directed the BCI to reconsider the matter and conduct manual verification of the answer sheets. The court noted that passing the AIBE is mandatory for obtaining a certificate of practice that entitles a person to practise law in Indian courts. Therefore, a fair approach is necessary in such cases....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.