KSLU law students not to be promoted without exam/assessment: Karnataka High Court sets aside single-judge order

The Dharwad Bench of the Karnataka High Court recently allowed Karnataka State Law University (KSLU) to conduct examinations or evaluation of students as a condition for promoting them to the next semester [Karnataka State Law University v. Suraj and Ors]..While doing so, the Division Bench of Justice SG Pandit and Justice Ananth Ramnath Hegde set aside a single-judge order passed in December 2021 which quashed a notification by KSLU in September last year for conduct of exams for students of the second and fourth semesters of the three-year LL.B. course.The single-judge had also held that in light of another order passed by the High Court in February 2021 - which quashed a Bar Council of India (BCI) circular mandating the conduct of offline exams for intermediate semester students of KSLU - students of the second and fourth semesters would be promoted to the next semesters sans evaluation..The Court directed KSLU to determine the mode of examination, whether online, offline, blended, in the form of assignments based evaluation, etc, and to take steps forthwith to complete the process of evaluating students of the LL.B. course. "No doubt mankind is in a precarious situation due to the COVID-19 pandemic since the beginning of the year 2020...the field of education is the most affected area during the pandemic. However when it comes to evaluating the performance of students studying in professional courses and when it comes to certifying the students eligibility to the next semester evaluation is not to be abandoned altogether. Students studying in professional courses have greater responsibility and need to possess the requisite skill required for their calling. The relaxation shown in non professional streams cannot be shown here especially in the technical field like law, medicine, engineering. Furthermore, on account of the pandemic, one cannot give up maintaining standards of education," the Court ordered..KSLU had filed an appeal against the decision of single-judge Justice Hemant Chandanagoudar, who had directed the University to dispense with the examinations and promote students to the next semester in light of the COVID-19 pandemic. This order was passed on the ground that the petitioners, who were second and fourth semester law students, had not been imparted with effective education to be prepared to write the exams because of the disruption of classes due to the COVID-19 pandemic. .However, the Division Bench noted in its order that the Bar Council of India (BCI) is the apex body with regard to legal education, and is empowered to lay down the standards for legal education in consultation with universities imparting education. The directives of BCI make it clear that the University is free to determine the mode of evaluation for the promotion of law students and conduct of examinations, it was held..Given the value of qualitative legal education and the importance of a good legal system, the system of legal education should inspire confidence in the general public, the Court noted while ruing that except for a few law schools and colleges affiliated with universities, the standard of legal education is found wanting. "It is for the University and academicians to decide about the curriculum and mode/methodology of the examination. It is not for the students to dictate the terms to the University to conduct the examinations or evaluation in a particular manner. The Hon'ble Apex Court in a catena of decisions has made it clear in matters relating to policy decisions concerning educational institutions the decisions are to be left with the academicians and experts in the education field", said the Court, while also observing that today's law students are the pillars of tomorrow's legal system..The Court said that it was a disputed question of fact whether the college conducted classes, or if students failed to attend the classes. It was, however, the decision of the University whether colleges have imparted education and completed the syllabus prescribed. As the Court directed the University to conduct evaluations of the law students, it noted that it was passing orders in the best interest of legal education. .Senior Advocate Uday Holla with Advocate KL Patil appeared for KSLU. Advocates Dayanand M Bandi and N Khetty represented the students. Advocate GK Hiregoudar represented the State of Karnataka. Advocate Shridhar Prabhu appeared for BCI and Advocate BV Sompaur appeared for the the Principal of KPES Law College. .[Read Order].[Read single-judge order]