Implead Bar Council of Maharashtra and Goa: Bombay High Court directs in plea challenging BCI guidelines on intermediate year law exams

The Bombay High Court on Thursday directed the impleadment of the Bar Council of Maharashtra and Goa in a plea challenging the guidelines issued by the Bar Council of India (BCI) on exams for intermediate year law students [Samarvir Singh v. Union of India & Ors]..The Bench of Justices AA Sayed and SP Tavade issued notice in the matter after granting leave to the petitioner to implead the State Bar Council..Petitioner Samarvir Singh, who is a student of the Government Law College (GLC) Mumbai, sought directions to the BCI to dispense with its guidelines on conducting examinations for intermediate year law students issued in May and June this year..The BCI guidelines, Singh stated in his plea, were in stark contrast to the guidelines of the University Grants Commission (UGC), which allowed the promotion of intermediate year law students based on their aggregate marks obtained in the previous year as a one-time measure..Singh pointed out in his plea that it is not viable to conduct online examinations for intermediate law students due to lack of infrastructure. Further, he contended that since the number of COVID-19 cases was high in Maharashtra, it would be unsafe to conduct offline examinations..Moreover, the plea states that it would be difficult for many out-station students to come back to Mumbai for the sole purpose of giving such an exam. Many hostels are being used as quarantine centres, Singh submitted in his plea..The BCI guidelines on holding exams for these students would also cause a delay in the completion of the academic year 2020-2021, which would in turn affect the prospects of students in applying for jobs, higher education, and competitive examinations, the petition contends..Singh also filed an additional affidavit citing the recent Supreme Court judgment in the case of Praneeth K, which left it open to universities to promote intermediate year students based on the assessment of the pandemic situation..[Breaking] States cannot promote students without holding final year exams, may approach UGC seeking extension of deadline: Supreme Court.He added that Supreme Court had clarified in the judgment that there was a rational basis for discriminating between intermediate and final year students, for whom exams were held to be compulsory..Singh also sought directions from the High Court to the University of Mumbai to publish the results of intermediate year students in compliance with the guidelines of the UGC..However, it was brought to the Court’s attention that a circular was already issued by the University for considering aggregate marks of the students with a view to promoting them..In light of this development, the Court recorded that Singh will only pursue the prayer seeking directions to dispense with the BCI guidelines. It thus asked him to implead the Bar Council of Maharashtra and Goa to give them an opportunity to reply..[Read order]