Lawstreet Journal

Complaint Against BCI Alleging 'Abuse of its Dominant Position' Dismissed By the Competition Commission of India [READ ORDER]

Lawstreet Journal 3 Feb 2021 7:00pm

Image courtesy: Lawstreet Journal Judiciary Complaint Against BCI Alleging 'Abuse of its Dominant Position' Dismissed By the Competition Commission of India [READ ORDER]

The Competition Commission of India, on Thursday (January 28, 2021) dismissed a complaint against BCI. The complaint alleged that the Bar Council of India was "abusing its dominant position" by imposing a maximum age limit to enter into the legal education.

The complaint was filed by a 52-year-old executive engineer, Mr. Thupili Raveendra Babu, working in the Central Public Works Department. He wished to pursue legal education post his retirement. The complainant also stated that he appeared for LLB (3 year) entrance examination in the State of Andhra Pradesh (APLAWCET) on 01.10.2020 and secured first rank.

Clause 28 of the Rules of Legal Education, 2008 bars candidates belonging to the General Category over the age of 30years from pursuing legal education. The complainant alleged that the Bar Council, which enjoys a dominant position in controlling the legal education and practice in India is “misusing its dominant position”  in contravention of Section 4 of the Competition Ac, 2002 as it is creating “indirect barriers” to the new entrants in the legal service profession.

He also alleged that the bar council conspired to reduce the competition to its electors. 

The Informant has prayed before the Commission to declare the impugned Clause 28 as illegal and void ab initio and impose maximum penalty on the BCI for the violation of Section 4 of the Act and indulging in colourable exercise of power,” the order stated.

The commission held that in order to appreciate the facts in the matter, it is necessary for the status of the BCI as… Continue Reading...


Tagged: Bar Council of India  
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