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Specify Arrangements To Ensure Students Get Second Chance To Take LLB Exams Within Reasonable Time: Delhi HC Issues Notice To Delhi University
Sparsh Upadhyay
2 Jun 2021 3:04 PM GMT
On a plea of students of Faculty of Law, University of Delhi, seeking cancellation of the 4th-semester exams, the Delhi High Court on Tuesday (June 1) issued Notice to University of Delhi, Bar Council of India, and University Grants Commission.The Bench of Justice Prateek Jalan asked the University about the arrangements which it is making to ensure that the Covid-19 affected students and...
On a plea of students of Faculty of Law, University of Delhi, seeking cancellation of the 4th-semester exams, the Delhi High Court on Tuesday (June 1) issued Notice to University of Delhi, Bar Council of India, and University Grants Commission.
The Bench of Justice Prateek Jalan asked the University about the arrangements which it is making to ensure that the Covid-19 affected students and the students who are unable to clear the examinations and those who seek to improve their marks, are given a second opportunity to take the aforesaid fourth-semester examinations within a reasonable time frame.
The matter before the Court
It was averred before the Court that UGC, by a notification dated April 29, 2020, permitted the evaluation of the intermediate semester students i.e. students who were not in the final year, by a combination of marks obtained in the internal evaluation and past performance [50% on the basis of internal assessment and 50% on the basis of performance in the previous semester].
Thus, the University adopted this course for most of its courses. However, it was submitted that the BCI, by a series of notifications, commencing from June 9, 2020, and terminating with a notification dated November 1, 2020, directed all the law colleges to hold examinations for the intermediate semesters also.
In pursuant to this, the Faculty of Law released a Notification dated May 31, 2021, citing the BCI Press Release dated November 11, 2020 and announcing that the 4th-semester examination for the current final year students would be held from 15th July onwards.
Arguments put forth
It was submitted that although the UGC notification dated April 29, 2020 does not contain any prohibition on holding of examinations in respect of intermediate semesters, but, it was added that the approach of the University was inconsistent with the interests of students in the wake of the COVID-19 pandemic
It was submitted that several students have suffered illness, loss in their families, financial hardships in the family, and have been burdened with responsibilities far beyond those which fall upon them in normal times
It was pointed out during the course of the hearing that, the University had announced that, as far as the petitioners' batch of students (6th semester) is concerned, the examinations would commence from June 14, 2021.
Further, the pending examinations of the fourth semester (which the petitioners would ordinarily have taken in the academic session 2019-20), will be tentatively scheduled around July 15, 2021.
In this backdrop, it was argued that the procedure of holding the sixth-semester examinations first would be detrimental to the students in the position of the petitioners as in the event, a student requires or desires to repeat any of the fourth-semester papers, that opportunity will be available to him/her only after one year when the fourth-semester examinations are next held in the regular course.
Submission made by BCI and the University
The counsel for the BCI, submitted that it had set up a committee headed by a former Chief Justice of the Allahabad High Court and comprising the heads of law faculties in various universities, to deliberate upon the nature of the evaluation.
On the other hand, the University submitted that it would further consider the necessity of holding the 4th-semester examinations, particularly in the light of the UGC notification and the judgment of the Karnataka High Court whereby the BCI notification was quashed, insofar as it related to intermediate semester examinations.
Court's order
The University has been asked by the Court to elaborate in its affidavit, as to the arrangements which it is making to ensure that the Covid-19 affected students, students who are unable to clear the examinations and those who seek to improve their marks, are given a second opportunity to take the aforesaid fourth-semester examinations within a reasonable time frame.
The University has also been asked to place on record the arrangements made for the evaluation of intermediate semester candidates in other courses.
Advocates Siddharth Seem & Prateek Sharma appeared for the Petitioners (in different matters).
