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Delhi High Court Issues Notice to Bar Council Of India and Faculty of Law, DU in Petition seeking Cancellation of Pending Exams

Nausheen Khan
2 Jun 2021 2:43 PM GMT
Delhi High Court Issues Notice to Bar Council Of India and Faculty of Law, DU in Petition seeking Cancellation of Pending Exams
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The Delhi High Court issued Notice on a petition filed by students of Faculty of Law, University of Delhi seeking cancellation of the pending 4th semester exams for final year students, and evaluation in alternative mode as per the UGC Guidelines dated 29.4.2020. The UGC guidelines issued last year allowed Universities across the country to evaluate students on a...

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The Delhi High Court issued Notice on a petition filed by students of Faculty of Law, University of Delhi seeking cancellation of the pending 4th semester exams for final year students, and evaluation in alternative mode as per the UGC Guidelines dated 29.4.2020.

The UGC guidelines issued last year allowed Universities across the country to evaluate students on a composite scheme. However, BCI Press Release dated 1.11.2020, diverting from the UGC Guidelines, stated that law students will have to appear for all pending exams.

The Faculty of Law, DU released a Notification dated 31.5.2021 announcing it will conduct pending 4th semester examination from 15th July, 2021. However, the Petitioner-students informed the Court that the 1.11.2020 Press Release had been quashed by the Karnataka High Court vide its order dated 8.2.2021 in W.P.(C) 14839/2020 [Ritvik Balanagraj B. vs. Bar Council of India & Ors.], hence there is no basis for Faculty of Law to hold examinations pending from the past academic year.

The University is expected to submit its response within 3 weeks, and has said that it will "consider the necessity of holding the aforesaid examinations."

The Petitioners pointed that most law colleges including NLUs had relied on assignment-based evaluation, and sought parity with law students of other colleges, and also with students of other courses in Delhi University who have been promoted based on alternative evaluation as per UGC Guidelines. The petitioners point out that students are expected to appear for a minimum of 10 exams and up to 15 exams within a mont, amid the deadly second wave and its devastating aftermath.

In response, the BCI today set up a High-Level Expert Committee headed by former Chief Justice of the Allahabad High Court, Justice to deliberate upon the nature of the evaluation for all law schools in India. The Press Release cites the inquiries made by Dean Vandana Kumari of Faculty of Law, DU regarding clarifications on BCI guidelines for conducting examinations. The committee is expected to submit its report next week.

The matter will be taken up next on 5.7.2021.

Somaya Gupta & Ors. v. Faculty of Law, University of Delhi & Ors. W.P.(C) 5664/2021


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