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 shortage of attendance, student's promotion
to next semester class cannot be withheld, it said.
A bench of Justices Prathiba M Singh and 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.
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.
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.
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.