2025 AIBE: MP High Court Rejects PIL By Candidate Seeking Reduction In Passing Marks Following Deletion Of Questions
The Madhya Pradesh High Court on Tuesday (June 24), dismissed a PIL plea challenging the results of the 2025 All India Bar Examination (AIBE) and seeking a direction to Bar Council of India to lower the minimum passing marks in proportion to the number of valid questions and to republish the results.
The petition was filed by a candidate who appeared in the examination and was declared as not qualified. She moved the PIL seeking that the results of the 2025 AIBE be declared unjust, arbitrary and discriminatory.
However, the division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf dismissed the petition noting, "Even if we were to accept the argument of the petitioner, petitioner is alleged to have correctly answered only 39 questions; whereas 45% of 93 is 42 questions. Petitioner on her own showing, has not obtained 45% of the valid questions declared by the Bar Council. Furthermore, we note that petitioner has participated in the examination and has not qualified the same. Accordingly, a Public Interest Litigation at behest of petitioner would not be maintainable".
The petitioner, represented by Advocate Vishnu Prasad, argued that out of 100 original questions in the AIBE, the BCI had deleted 7 questions following objections raised by the candidates. Therefore, the final result was based on 93 questions, he said.
Prasad argued that since the number of questions was reduced, the "minimum passing marks should also be reduced".
The court noted that as per the BCI's notification, the minimum qualifying percentage for the AIBE was 45%. Applying this percentage to the 93 valid questions meant that a candidate had to obtain atleast 41.85 marks (rounded upto 42 questions) to pass.
Prasad argued that the marks are never indicated by the Bar Council and petitioner had made a calculation and as per her calculation, she had correctly answered 39 questions.
However the high court noted that even if this claim was accepted, the score of the candidate still fell short of the required 45% of the valid questions.
Finding no merit in the PIL the high court dismissed the same.
Case Title: Shrankhala v Bar Council of India and Others (WP-20853-2025)
Counsel For Petitioner: Advocate Vishnu Prasad