Delhi High Court Rules Law Students Cannot Be Barred from Exams

The Delhi High Court has ruled that no law college in India can prevent students from appearing in semester examinations or compel them to repeat an academic year due to low attendance. The judgment, delivered by Justices Prathiba M Singh and Amit Sharma, emphasizes the importance of student welfare over rigid attendance norms. The court has directed the Bar Council of India (BCI) to implement the new attendance policy across all affiliated law institutions within three months, with a progress review scheduled for February 2026.

Court Bars Colleges from Penalizing Students for Low Attendance

The order marks a significant reform in legal education governance, setting aside the long-standing rule that required a minimum of 75% attendance for eligibility to appear in semester exams. The bench stated that no student should be deprived of academic progression or examination opportunities solely because of attendance shortages. As per the new guidelines, colleges can now impose a maximum penalty of five percent deduction in marks or 0.33 points in CGPA for inadequate attendance. However, students must still be allowed to appear for exams and move to the next academic year. Colleges have also been instructed to maintain transparency by sharing weekly attendance records with students via online portals or institutional apps. In cases where attendance falls below prescribed limits, parents must be informed monthly.

Background of the Case

The judgment stems from a petition linked to the tragic death of Sushant Rohilla, a third-year student of Amity Law School, Delhi, in 2016. Sushant, aged 21, died by suicide reportedly after being barred from exams and asked to repeat the year due to attendance shortage. The incident drew widespread public attention after his friend wrote to the then Chief Justice of India, prompting the Supreme Court to take suo motu cognizance. The case was later transferred to the Delhi High Court in 2017. During the proceedings, the court stressed that “no young life should be lost over attendance rules,” underscoring the need for a more compassionate academic environment. The bench has now closed the case after issuing comprehensive directions to the BCI, law schools, and universities.

Key Directives Issued by the Delhi High Court

The High Court’s order introduces several reforms aimed at improving the mental health and academic flexibility of law students across India:

• Students with low attendance must be allowed to write exams and continue to the next year.
• Marks may be deducted up to 5% or 0.33 CGPA as a penalty for shortfall in attendance.
• Law colleges must update attendance weekly online and inform parents monthly if shortages arise.
• Institutions are required to offer extra classes — either offline or online — to help students make up lost hours.
• Attendance should reflect active learning participation, including credit for internships, moot courts, and practical training.
• Each law college must constitute a grievance redressal committee, with over half the members being students.
• The University Grants Commission (UGC) has been asked to amend its regulations to make such committees mandatory.
• All law colleges must appoint full-time counsellors and provide access to psychiatrists for mental health support.

BCI Asked to Align Attendance Policy with NEP 2020

The Bar Council of India has also been instructed to hold consultations with students, parents, teachers, and the UGC to revise attendance norms in line with the National Education Policy (NEP) 2020. The court suggested that the minimum attendance threshold could be lowered to 40%, placing greater emphasis on experiential learning and internships. The BCI has also been directed to publish a list of verified internship opportunities and ensure that students from economically weaker backgrounds are provided with equal access. Rejecting proposals for biometric attendance systems or classroom CCTV, the court observed that such measures are “impractical and may adversely affect students’ psychological well-being.”

Impact on Students and Legal Education

With over 1.5 lakh students enrolling in law programmes across India every year, the ruling is expected to significantly ease academic pressure and reduce dropout rates. Government data indicates that over 13,000 students die by suicide annually, with many cases linked to academic stress. The court’s decision aims to create a more supportive and student-centric educational environment, encouraging learning beyond attendance metrics while prioritizing mental health and academic freedom.