The Delhi High Court on Wednesday dismissed a public interest litigation (PIL) seeking the introduction of negative marking in the All India Bar Examination (AIBE).

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that the matter falls within the policy domain of the Bar Council of India (BCI) and that the Court cannot issue directions on such issues.

“This is a policy decision to be taken by the authorities concerned. The BCI has decided not to introduce negative marking. How can we issue such a direction?” the Bench remarked.

The Court also expressed disapproval of the petitioner, advocate Shannu Baghel, for filing the plea.

“The difficulty with you people is, don’t take it otherwise. You read the newspaper in the morning and whatever catches your imagination becomes the subject matter of a PIL,” the Bench observed.

The petition contended that the absence of negative marking has diluted professional standards by allowing candidates to clear the examination through guesswork rather than demonstrated legal competence. It argued that without negative marking, the AIBE encourages random answering, defeating its objective of assessing minimum professional capability.

The plea further submitted that inadequate screening of advocates adversely impacts litigants’ right to effective legal representation and undermines the administration of justice.

However, the Court questioned how the petitioner’s fundamental or legal rights were infringed.

“This is a policy decision. Where is your right? One can approach the Court only when there is an infringement of a right. Merely because you believe negative marking should be introduced, can that become the basis for such a direction?” the Bench asked.

Dismissing the plea, the Court stated: “Heard the petitioner in person. The PIL seeks a direction to the BCI to introduce negative marking in the AIBE from 2026 onwards. The format of the examination is a matter of policy for the BCI. The petition is accordingly dismissed.”