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Delhi High Court: The Delhi High Court on Monday ruled that no law student in the country will be prevented from appearing for examinations due to lack of minimum attendance.
Delhi High Court: The Delhi High Court on Monday ruled that no law student in the country will be prevented from appearing for examinations due to lack of minimum attendance. The High Court passed several directions regarding the requirement of compulsory attendance in law colleges. The High Court asked the Bar Council of India (BCI) to modify the compulsory attendance norms. The High Court said that promotion of students to the next semester class cannot be stopped due to lack of attendance. A bench of Justice Pratibha M Singh and Justice Sharma passed the order while disposing of the suo motu petition initiated by the Supreme Court in connection with the death by suicide of law student Sushant Rohilla in 2016. This petition was taken after he was barred from appearing in the semester examinations due to lack of requisite attendance.
Student had hanged himself after being deprived of examination
While delivering the judgement, the bench said that after hearing the arguments of all the stakeholders in detail during the hearing of the case and considering the harsh realities that have emerged, the court strongly observed that the norms of education in general and legal education in particular cannot be made so harsh that it causes mental trauma to any student. Forget about the death of the student. Rohilla, a third-year law student of Amity, hanged himself at his home on August 10, 2016, after his college barred him from appearing for semester examinations due to lack of requisite attendance. Student Rohilla left a note saying that he was a failure and did not want to live. The present petition was initiated by the Supreme Court in September 2016 after the incident, but was transferred to the High Court in March 2017.
It is important to protect the lives of students
Delivering the verdict, the High Court said that the Bar Council of India (BCI) should expeditiously consult with the stakeholders including students, parents and teachers for the purpose so that the life and mental health of the students can be protected. Keeping in mind that delay or non-appearance in examinations due to mandatory attendance requirements may have an impact on students. The bench directed that no student enrolled in any recognized law college, university or institution in India shall be prevented from taking the examination or be prevented from pursuing academic pursuits of career progression on the ground of lack of minimum attendance. It states that no law college, university or institution should be allowed to mandate attendance norms that exceed the minimum percentage prescribed by the BCI. As far as the mandatory attendance norms prescribed by the BCI are concerned, all law colleges, universities and recognized institutions offering three-year and five-year degrees should implement expedited measures with immediate effect.
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