Student prevented from appearing in exam due to attendance…Supreme Court stays High Court’s order

The Supreme Court today stayed the Delhi High Court’s direction passed last year which had said that law students cannot be prevented from appearing in the examination merely on the ground of inadequate attendance. Also, the bench of Justice Vikram Nath and Justice Sandeep Mehta had passed this order while issuing notice on the petition filed by the Bar Council of India (BCI). In the petition, the Delhi High Court’s instructions regarding mandatory attendance for law students were challenged. In which the Supreme Court ordered to file the reply by July 21 and issue notice. Meanwhile, the effect and operation of paragraph 249 of the disputed decision will remain suspended.

What was the matter?

The High Court had given this order during the hearing of a tragic case in 2016. In this case, there was mention of suicide of a student of Amity University. It was told that due to low attendance the student was not allowed to appear in the examination. Due to which later the Supreme Court took cognizance of this matter in 2016 and transferred it to Delhi High Court in March 2017.

What did the High Court say?

During the hearing, the High Court bench said that it is necessary to adopt broad and practical thinking in legal education. The court acknowledged that studies should not be limited to mere rote learning or just to the classroom. In studying law, it is equally important to understand it, apply it in practice and present it in the right manner. The bench had also raised questions on the strict rules made only on the basis of attendance. The court said that good education does not mean merely being present in the class.

The court said that participation of students in moot courts, seminars, mock parliaments, debates and other legal activities is also an important part of studies. Therefore, students should be given academic credit for these activities. The court also said that the stringent rules of compulsory attendance sometimes impact the creativity and independent thinking of the students, especially when they are not getting the expected learning from the class.