Attendance Shortage No Ground To Detain From Exams: Delhi High Court Grants Relief To DU Law Students

The Delhi High Court has allowed a batch of writ petitions filed by various law students of the University of Delhi, holding that shortage of attendance cannot be a valid ground to detain them from appearing in examinations or preventing them from continuing their academic pursuits.Justice Jasmeet Singh allowed the petitions filed by LL.B. students who had been barred by the varsity from appearing in end-semester examinations or whose results were withheld, due to failure to meet the mandatory 70% attendance requirement. The Court placed reliance on ruling of the division bench in Sushant Rohilla v. Law Student of I.P. University wherein it was held that no law student can be detained from taking examinations or prevented from further academic progression solely on the ground of shortage of attendance. In the said ruling, the Court had held that the Bar Council of India shall undertake a reevaluation of the mandatory attendance norms for the three year and five year LLB courses in India, in line with the above observations, as also in line with NEP 2020, and 2003 UGC regulations, which contemplate flexibility as part of this process.Justice Singh noted that the judgment in Sushant Rohilla has neither been stayed nor modified and, therefore, continues to operate as a binding precedent. “Once lack of attendance is held not to constitute a valid ground for detention, all consequential benefits flowing therefrom shall necessarily follow. These shall include, but not be limited to, promotion to the next semester, declaration of results, permission to attend classes, and conferment of the LL.B. Degree, in accordance with law,” the Court held.It added that the ruling will be applicable to all the petitions as the students are not being permitted to proceed further with their academic careers due to shortage of attendance.Further, the Court declined to accept the University's argument that certain students had given undertakings agreeing to abide by the decision of the inquiry committee. It held that the undertakings obtained prior to the Division Bench judgment cannot be enforced if they run contrary to the law laid down by a constitutional court. Allowing the pleas, the Court directed that if there is any result given in sealed cover, the same shall be declared expeditiously by the varsity in not later than 2 weeks.Counsel for Petitioner: Mr. Saurabh Kirpal, Sr. Adv with Mr. Junaid Aamir, AdvCounsel for Respondents: Mr. Mohinder Rupal, Mr. Hardik Rupal, Ms. Aishwarya Malhotra, Ms. Tripti Sharma, Advs. in all matters for University of Delhi; Mr. Ved Prakash Sharma, Mr. Preet Pal Singh, Ms. Tanupreet Kaur, Ms. Medha Navami, Advs. for BCITitle: MS. MUSKAAN AAMIR v. UNION OF INDIA & ANRClick here to read order

Attendance Shortage No Ground To Detain From Exams: Delhi High Court Grants Relief To DU Law Students

Nupur Thapliyal

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