The Supreme Court on Monday refused to entertain writ petitions challenging the decision taken by the Supreme Court Board of Examination not to hold exams to induct Advocates-on-Record (AOR) in 2026.
The petitions challenged the notification issued by the Registrar (Judicial) and Secretary to the Board of Examiners on April 30 which said that AoR examination will not be held this year.Observing that the matter cannot be considered on the judicial side, the bench comprising Justice Aravind Kumar and Justice PB Varale allowed the petitioners to submit representations before the Chief Justice of India on the administrative side.
"We are of the view that the ends of justice would be met by permitting the petitioners to share a comprehensive representation to the Chief Justice of India, and once made, we don't have any reason to think the Chief Justice would not consider it sympathetically," the bench observed, while disposing of the petitions.
The bench directed the petitioners to submit the representation within 10 days."We have got the most empathetic Chief Justice, we are confident [that the matter would be considered]," Justice Kumar commented. Justice Varale also echoed a similar sentiment, saying, "We are optimistic."
Some petitions were filed by lawyers who could not clear last year's AOR exam and were declared eligible to re-appear in the next exam. Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, submitted that the petitioners had missed the last AOR exam by a few papers, and were granted the opportunity to re-attempt those papers in the next exam. The decision to cancel the 2026 AOR exam causes prejudice to them, the senior counsel submitted.
"We will permit you to give a representation; we will not deal with it on the judicial side," Justice Kumar said.Justice Kumar also commented, "There are a number of AORs". Sankaranarayanan commented that there was an excess of even senior lawyers.Senior Advocate Shadan Farasat, for other petitioners, submitted that they have been training for one year, after they missed the last exam by a narrow margin. Farasat suggested that the Court may control the number of persons who become AORs, but not have the exam itself altogether.
Senior Advocate Chander Uday Singh also made similar submissions, highlighting that his clients had missed the last exam by just one paper, and they were eligible as per the rules to re-attempt the next exam.However, the bench refused to consider the matter on the judicial side.On April 30, the Board of Examiner of the Supreme Court decided not to hold exams for AoR in 2026. The decision was taken in view of the overall strength of the AoRs. Every year, the Supreme Court conducts AOR exams, and only those who clear the exam are entitled to file cases in the Supreme Court.
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