Law College Hostels Will Become Boarding & Lodging Facilities If There's No Attendance Mandate : Supreme Court

The Supreme Court today expressed reservations over a 2025 Delhi High Court judgment which held that law students cannot be barred from appearing in examinations solely due to shortage of attendance, observing that such a position could reduce law college hostels into mere boarding and lodging facilities.

A bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi issued notice on a plea filed by Narsee Monjee Institute of Management Studies challenging the Delhi High Court ruling.

“The impact of that order would be that the National Law University hostels would be only boarding and lodging facilities, nothing else…The High Court was swayed by the suicide of the student, that seems to be the issue”, Justice Mehta said.

Senior Advocate Mukul Rohatgi for NMIMS sought a stay on the concerned observation of the High Court, arguing that it had effectively made attendance requirements meaningless and had led to multiple legal proceedings by students against the petitioner.

“People don't want to go to colleges. I am wondering why we went to college then,” Rohatgi submitted.

The Court, however, declined to stay the High Court judgment for the time being. “We are not suspending that order. We will hear the matter and decide and lay down the correct position,” the Justice Nath said, keeping the matter for 26^th May.

The Court tagged the case with pending petitions challenging circulars issued by the Bar Council of India regarding criminal background disclosures, declarations relating to simultaneous academic pursuits and compliance with attendance norms for law students. The NMIMS petition was filed through Advocate Kanu Agrawal.

The controversy stems from a November 2025 judgment of the Delhi High Court delivered in proceedings arising from the 2016 suicide of a law student. Allegations had been raised that the student was subjected to harassment over attendance shortages.

The Delhi High Court had held that no student enrolled in a recognised law college or university could be detained from taking examinations or prevented from continuing academic progression solely on the ground of inadequate attendance. The High Court observed that attendance regulations should not be enforced with such rigidity that they cause mental distress or contribute to extreme consequences for students.

The High Court had also directed the Bar Council of India to reconsider mandatory attendance norms for three-year and five-year LLB programmes in light of the National Education Policy, 2020 and evolving educational frameworks.

Relying on the division bench ruling, a single judge of the Delhi High Court later granted relief to several University of Delhi law students who had either been denied permission to sit for examinations or had their results withheld because of shortage of attendance.

Last week, the Supreme Court flagged concerns over the Delhi High Court judgment while hearing petitions filed by two final-year students of NALSAR University challenging Bar Council of India circulars issued in September 2024.

At that hearing, Justice Nath had remarked that the Delhi High Court decision had created “chaos” and become a matter of concern for National Law Universities.

“Students are not going to the classes... NLUs are known for their good faculty... if the students do not attend, what's the point?” the Court had observed.

Case no. – Diary No. - 28872/2026

Case Title – SVKMS Narsee Monjee Institute of Management Studies v. Bar Council of India