The Uttarakhand High Court recently refused to interfere with a private university’s decision to bar a law student from sitting for the 8th Semester end-term examinations due to her low attendance..Justice Manoj Kumar Tiwari observed that granting permission to sit for examination to such a student, who fails to meet the requirement of even minimum attendance, would be counterproductive.“Grant of permission to student who fails to meet the minimum standard of attendance on sympathetic considerations would be counterproductive, as it would bring lawlessness in educational institutions imparting instruction in Law Courses and would diminish standard of education,” the Bench said in its order of May 20..The law student’s total attendance in the 8th semester was only 11 percent and therefore, she was not permitted to sit for the examination which commenced on May 14. She approached the Court seeking permission to sit for the examinations.However, the Bar Council of India sternly opposed the plea, submitting that as per the Legal Education Rules of 2008, every student must have a minimum of 70% attendance in each semester for appearing in the examination. It was submitted that the rules provide for a relaxation to only those students whose attendance is between 65% to 70%. Since petitioner’s attendance is abysmally low, therefore, she is not entitled to any indulgence in the matter, the counsel representing the BCI said..“Grant of permission to student who fails to meet the minimum standard of attendance would be counterproductive, as it would bring lawlessness in educational institutions.Uttarakhand High Court.The Court agreed with the submission, stating that the regulations framed by BCI regarding attendance are statutory in nature. “Law is well settled that a writ of mandamus cannot be issued asking a public authority to act contrary to the law on the point,” the Bench said. The Court also noted that while a recent Delhi High Court ruling held that no student can be barred from taking semester exams over low attendance, appeal against the same is under consideration by the Supreme Court.Thus, the Court said it was not inclined to interfere in the matter. BCI is a regulatory body, which has laid down minimum standards regarding attendance in order to maintain discipline and order in law colleges, the Bench said.However, the Court also permitted the petitioner to approach BCI by making a representation. “If she makes representation within 24 hours, Bar Council of India shall consider the same and pass appropriate order within one week thereafter,” the Court ordered..Advocate Ayush Pokhriyal appeared for petitioner.Advocate Sandeep Tiwari appeared for the BCI.[Read Order]
