Permitting Law Students With Low Attendance To Take Exams Will Bring Lawlessness In Colleges: Uttarakhand HC

A bench of Justice Manoj Kumar Tiwari added that it would bring 'lawlessness' to the educational institutions and would 'diminish' the standard of education.

The bench thus refused to interfere with the petition of a Law Student from a private university who was barred by the administration from taking the 8th Semester end-term examinations due to her low attendance.

"BCI is a regulatory body, which has laid down minimum standards regarding attendance in order to maintain discipline and order in law colleges. Grant of permission to student who fails to meet the minimum standard of attendance on sympathetic considerations would be counterproductive, as it would bring lawlessness in educational institutions imparting instruction in Law Courses and would diminish standard of education", the single judge remarked.

Briefly put, the petitioner's total attendance in the 8th semester was only 11%. Consequently, she was not permitted to appear in the end-of-term examination, which commenced on May 14.

Therefore, she approached the High Court seeking a writ of mandamus to permit her to sit in all remaining 8th-semester papers.

The Counsel for the Bar Council of India (BCI) opposed her plea as he cited the Legal Education Rules, 2008. The rules require every student to have at least 70% attendance in each semester to appear for the examination.

It was submitted that the said Rules provide a narrow window to students whose attendance is between 65% to 70%, wherein the Vice Chancellor or Dean concerned can grant exemption to such students.

However, it was contended that since the petitioner's attendance was abysmally low, she was not entitled to any indulgence in the matter.

Agreeing with the BCI's submissions, the bench stressed that the law is well settled that a writ of mandamus cannot be issued asking a public authority to act contrary to the law on the point.

The bench further noted that though a recent Delhi High Court order held that no student can be detained from taking an examination or be prevented from further academic pursuits or career progression on the ground of lack of minimum attendance, an appeal against the said order is pending consideration before the Supreme Court.

Thus, the bench remarked that it was not inclined to interfere in the matter and observed thus:

It added that BCI is a regulatory body that has laid down minimum standards for attendance to maintain discipline and order in law colleges.

However, disposing of the Writ petition, the bench permitted the petitioner to approach the Bar Council of India by making a representation.

If she makes a representation within 24 hours, the Bar Council of India shall consider the same and pass an appropriate order within one week thereafter, the order further directs.