Bombay High Court allows ILS Pune students with low attendance to sit for exams

The Bombay High Court on Monday allowed a batch of ILS Law College students, who had been barred over attendance shortage, to sit for their ongoing semester-end examinations, while keeping the final outcome of their petitions open. [Neelakshi Bose v. State of Maharashtra & Ors]

“We are of the view that the petitioners (students) should be allowed to appear in the semester end examinations and which (the results, if they qualify) shall be subject to the outcome of these petitions. The petitioners shall not claim any equity by virtue of this order,” a Bench of Justices RI Chagla and Advait Sethna said.

The Court directed the Savitribai Phule Pune University and ILS Law College to file their replies by June 9. The petitions have been listed for further consideration on June 22. 

Counsel for students argued that the University’s ordinance allows for 75% minimum attendance, which may be relaxed by 20% on a case-to-case basis upon sufficient grounds being laid out. They pointed out that the petitioning students’ attendance ranged between 50–54%. 

They also alleged that the minimum lectures have not been held by the respective colleges. Further, they relied on Ordinances 68 and 70 of the 2011 Pune University Ordinances to seek further relaxation.

A key issue framed by the Bench is whether the 20% relaxation is to be computed from the 70% norm in the Bar Council of India (BCI) Legal Education Rules.

The Court also took note of a BCI Right to Information (RTI) response stating that all centres of legal education are to comply with the Sushant Rohilla judgment in both letter and spirit until any further order is passed.

The Delhi High Court In Re Sushant Rohilla stated that no student enrolled in any recognised law college shall be restrained from taking examinations or be prevented from further academic pursuits or career progression on the ground of lack of minimum attendance. 

Advocates Uday Warunjikar and Madhavi Ayappan (briefed by Talekar & Associates) appeared for the students.

Advocate Shailendra Kanetkar appeared for ILS.

Advocate Shekhar Jagtap appeared for the BCI.