The Delhi High Court has ruled that no law college or university in India can bar students from appearing in examinations for not meeting minimum attendance requirements. The court also directed the Bar Council of India (BCI) to re-evaluate its mandatory attendance norms for law courses across the country.
The order came from a bench comprising Justices Prathiba M Singh and Amit Sharma, which stated that strict attendance rules were leading to mental distress among students. The court observed that such rigid norms could not be allowed to cause “mental trauma, let alone the death of a student.”
Court Cites Sushant Rohilla Case
The ruling stemmed from a suo motu petition transferred from the Supreme Court concerning the 2016 suicide of law student Sushant Rohilla, who was allegedly barred from exams due to low attendance at Amity Law School. The court noted that legal education goes beyond classroom learning and should involve practical exposure such as moot courts, legal aid, internships, and seminars.
The bench said, “To obtain holistic education, mere classroom presence is neither required nor sufficient.” It emphasised the need for flexibility in attendance marking to promote participation in various academic and practical activities.
Directions to BCI and UGC
The court directed the BCI to hold consultations with students, parents, and teachers to revise the attendance norms for 3-year and 5-year LLB courses. The BCI has also been asked to give attendance credit for participation in academic activities like debates, court visits, and model parliaments.
The University Grants Commission (UGC) has been told to ensure every university sets up a Grievance Redressal Committee (GRC) to safeguard student welfare and mental health.
Interim Relief and Implementation
While consultations are ongoing, the High Court ordered that no student in any recognised law college or university should be detained or barred from exams due to shortage of attendance. Institutions have also been told to:
- Publish weekly attendance records online.
- Notify parents monthly about attendance shortages.
- Conduct additional physical or online classes for students who fall short.
The court clarified that even if students fail to meet the attendance norms by semester end, they must still be allowed to sit for exams. However, their final grades may be reduced by up to 5% or 0.33 in CGPA as per the marking system.
Additionally, the bench said the September 2024 BCI circular mandating biometric attendance and CCTV installation in law colleges will not be enforced.
