Relief to LLB students from Mumbai University; results previously declared based on average score restored, records Bombay High Court

The Bar Council of India informed the Bombay High Court on Wednesday that its circular containing guidelines for assessment by law universities will be applicable prospectively only (Latoya Mistral Ferns v. University of Mumbai & Anr)..A Bench of Justices RD Dhanuka and RI Chagla was hearing a plea filed by a final year student of Government Law College, Mumbai assailing a circular dated July 5, 2021 issued by Mumbai University (MU) intimating the withdrawal of the results released in 2020 based on the average scores of the previous semester..The circular also stipulated replacing scores calculated on the basis of average scores of the previous semester with the scores obtained through assignment-based evaluation..The University argued that its circular was based on the directives issued by the BCI. Accordingly, the Court had directed the Bar Council to take instructions on "whether the directives issued to University can be withdrawn or modified in view of the fact that the results of large number of the students in various semesters which is subject matter of the impugned circular were already declared as far back as on May 22, 2020 and to restore them or not.".On Wednesday, Advocate Amit Sale appearing for BCI submitted that the BCI circular being relied upon by MU was applicable prospectively only. Accordingly, Advocate Ashutosh Kulkarni submitted that in light of BCI's submission, MU will withdraw its circular pertaining to assignment-based evaluation of law students..The Bench recorded Kulkarni's statement that the circular stands withdrawn and the results on the basis of average marks scored in previous semesters and internal marks will be restored. .The Court disposed of the petition by recording that the problems raised by the students were resolved gracefully in light of BCI's statement made in "correct perspective considering the fate of a large number of law students who were suffering mental trauma because of instructions issued by BCI and followed by MU.".The grounds in the petition were that neither BCI nor MU are empowered to pass any such directions..The petitioner argued that results which are already declared could not stand cancelled and be substituted by the mode prescribed by the University circular based on the directives of the BCI..The Court had opined prima facie that results which were already declared on May 22, 2020 in respect of various semesters could not have been withdrawn and students could not have been directed to submit assignments for the purpose of further evaluation..It had further noted that BCI and MU could not point out any provision permitting cancellation of results which had been declared to be replaced with submission of assignments within a short span of time..Advocates Shashank Deo Sudhi, Srishty Jaura, Rahul Jain, Khushboo Rupani and Faranaaz Karbhari from HSA Advocates appeared for the petitioner.