Bar Council rule challenged

KOCHI: Two law graduates of the National University of Advanced Legal Studies (NUALS) on Friday filed a petition before the Kerala High Court challenging the Bar Council of India’s (BCI) rule forcing them to clear a mandatory test to take up practice.

The petition filed by Sujith Menon and Sriram of Thripunithura sought a directive to the BCI to allow the students graduating in the academic year 2009-2010 to pursue legal practice without attending the test which is scheduled for December 31.

The petitioners contended that those who had enrolled on July 4 have the right to appear in any court or tribunal under the Advocates Act-1961, and a rule cannot take away the right.

The petitioner informed the court that all the students graduated from universities and the BCI’s decision to impose an examination conducted by a private agency ‘Rain Maker’ was not acceptable.

The agency charges Rs 1,300 from the aspiring candidate for appearing in the examination. The examination is a violation of the advocate’s right to take up practice under Sections 29 and 30 of the Advocates Act, and a denial of the right to practice any profession, the petition said.