LL.B : Bar Council Of India Clarifies That Its June Circular To Conduct Exams Won't Affect Already Published Semester Results

In a relief for law students, the Bar Council of India has informed the Bombay High Court that its circular to law colleges/universities to conduct term-end examinations would apply prospectively and not retrospectively.Thus, the BCI clarified that its June 9 circular will not affect the already published semester results of LLB course. The Mumbai University also informed the Court that in light of BCI's decision, it is withdrawing its July 5, 2021, circular that resulted in the cancellation of various semester results of the LL.B Degree and replaced it with assignments. On Monday, the High Court had come down heavily on BCI for its decision that caused Mumbai University to withdraw its semesters II and IV results of the 3 year LLB and II, IV, VI and VIII results of the 5 year LLB. "We appreciate the stand at least now taken by the Respondents. We hope that a large number of law students who have suffered mental trauma in view of the action of the respondents would be now relieved of such trauma," the bench of Justices RD Dhanuka and RI Chagla said while disposing of the petition. The petitioner Layota Ferns, a final-year student of Government Law College claimed that once the results are declared, they cannot be cancelled and substituted with assignment based evaluation. Moreover, students were asked to submit ten projects within 21 days without any online classes for them. Mumbai University's counsel Ashutosh Kulkarni claimed that Ferns was the only person aggrieved among 10,000 students with the time limit for submitting the assignments. However, On June 26, the judges said that "prima facie" University of Mumbai could not have withdrawn results already declared based on previous semester scores, in accordance with UGC Guide-lines issued in April, 2020. On Wednesday, BCI's counsel Amit Sale submitted that the Bar Council of India undertakes that they do not propose to apply the decision recorded in the Bar Council of India's Circular dated 9th June, 2021 mandatorily requiring end term examination to be conducted by all the Law Colleges / Universities, with retrospective effect and will apply with prospective effect only. Also this decision shall neither apply to, nor adversely affect the results declared prior to 10th June, 2021, by the Law Colleges/Universities based on previous semester scores, in accordance with UGC Guide-lines issued in April, 2020. The statement of the BCI recorded by the High Court in its order reads as follows :"...the Bar Council of India undertakes that they do not propose to apply the decision recorded in the Bar Council of India's Circular dated 9th June, 2021 and the press release dated 10th June, 2021 mandatorily requiring end term examination to be conducted by all the Law Colleges / Universities, with retrospective efect and will apply with prospective effect only and shall neither apply to, nor adversely afect the results declared prior to 10th June, 2021, by the Law Colleges/Universities on the basis of previous semester scores, in accordance with UGC Guide-lines issued in April,2020". Case : Latoya Mistrel Ferns vs University of Mumbai and another.Click here to read/download the order

LL.B : Bar Council Of India Clarifies That Its June Circular To Conduct Exams Won't Affect Already Published Semester Results

Sharmeen Hakim

BCI told the Bombay High Court that its direction will apply only prospectively.

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