Delhi High Court: Law students cannot be barred from exams due to attendance shortage

NEW DELHI: The Delhi High Court on Monday ruled that no law student in the country should be detained from sitting in examinations due to lack of minimum attendance. The high court, which passed a slew of directions in relation to mandatory attendance requirement in law colleges, asked the Bar Council of India (BCI) to modify the mandatory attendance norms.

Due to the shortage of attendance, student’s promotion to next semester class cannot be withheld, it said. A bench of Justices Prathiba M Singh and Amit Sharma passed the order while disposing of a suo motu petition, initiated by the Supreme Court, in relation to the death of law student Sushant Rohilla by suicide in 2016 after allegedly being barred from sitting for the semester exams due to lack of requisite attendance.

“Having heard at length the submission of all stakeholders in this case over the course of hearing and having considered the stark realities that have come to the surface, this court is strongly of the view that norms education in general and legal education in particular, cannot be made so stringent so as to lead to mental trauma, let alone death of a student,” the bench said while pronouncing the verdict.

Amity Law School student's suicide

Rohilla, a third year law student of Amity , had hanged himself at his home here on August 10, 2016 after his college allegedly barred him from sitting for the semester exams due to lack of requisite attendance.

He left behind a note, saying he was a failure and did not wish to live. The present petition was initiated by the Supreme Court in September 2016 following the incident but was transferred to the high court in March 2017.

While pronouncing the judgment, the high court said, the Bar Council of India (BCI) should undertake a stakeholder consultation, including student bodies, parents and teachers for this purpose, in an expeditious manner in order to safeguard the life and mental health of students keeping in mind the impact on students at detention or non-appearance in exams due to mandatory attendance requirements can have.

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No students shall be detained from taking exams

“While the consultations by the BCI are underway, in the interregnum, it is directed as under -- no student enrolled in any recognised law college, university or institution in India shall be detained from taking examination or be prevented from further academic pursuits of career progression on the ground of lack of minimum attendance,” the bench said.

It added that no law college, university or institution should be permitted to mandate norms of attendance, norms which are over and above the minimum percentage prescribed by the BCI.

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In so far as mandatory attendance norms fixed by the BCI are concerned, all law colleges, universities and institutions recognised which impart three year and five year degrees should, with immediate effect, implement accelerative measures, including, firstly, weekly notification of attendance of students to online portal or a mobile app, monthly notice to parents and legal guardians regarding any shortage in attendance, conducting extra physical or online classes for such students who do not fulfil the minimum attendance norms.