Puzzled by law student's answers, Allahabad HC asks Law Commission to examine standards of legal education

The Allahabad High Court recently asked the Law Commission of India to consider examining broader issues relating to the standards of legal education in India and prepare a report to suggest appropriate reforms.

Justice Vinod Diwakar said legal education constitutes the foundation of the justice delivery system and any substantial decline in academic standards at the institutional level affects not merely the legal profession but the administration of justice itself.

"Law Commission of India may consider examining the broader questions relating to the standards of legal education in the country, and may prepare a report thereon should it consider such a course appropriate," the Court said on July 17.

The Court also asked the Bar Council of India (BCI) to consider whether the standards of legal education are commensurate with the object for which they are prescribed.

It also asked BCI to examine whether the existing mechanism for the grant of approval to institutions imparting legal education requires strengthening to compete with globally competitive legal education standards.

The Court passed the order after coming across an answer book of a law student who had filed a writ petition after he was awarded zero marks in the IX semester exam.

The answer sheets were of a student of Prayag Vidhi Mahavidyalaya at Prayagraj in his "Bio-Diversity Protection Law" paper.

A lawyer who examined one of the answers written by the student told the Court that he was unable to understand it. The Court also came to the same conclusion.

"The answer to Question No. 3-C does not disclose any legal understanding of the subject. Consequently, no fault can be found with the evaluation undertaken by the examiner in awarding zero marks for the said answer. Similar is the position with the remaining answers contained in the answer book," the Court said while rejecting the student's plea.

However, the Court did not stop at that. The judge said he cannot remain oblivious to the larger issue that the case reflects. 

"The petitioner is pursuing a professional degree in law, a course intended to prepare students for entry into the legal profession. The quality of the answers contained in the answer book gives rise to serious concern regarding the academic standards maintained at the institution where the petitioner has been receiving the legal education," the Court said.

The Court said the deficiency, if any, lies as much in the institution's failure to discharge its responsibility of imparting quality education as in the answers produced by the student.

Thus, it asked the Bar Council of India (BCI) to examine whether the institution concerned continues to satisfy the academic and infrastructural standards prescribed under the applicable rules and regulations.

"It shall be open to the Bar Council of India to undertake such inspection or inquiry as it may deem appropriate, in accordance with law, and after affording the institution an opportunity of being heard," the Court said.

However, the Court clarified that it observations shall not be construed as a finding against the institution or against any teacher or examiner.

The Court directed that a copy of the order along with a photocopy of the student's answer book be sent to the BCI and Law Commission for their consideration and understanding of the issue.

Advocate Vinod Kumar Ojha represented the petitioner.

Advocate Pratik Chandra appeared for the respondents.

Standing Counsel Vaibhav Tripathi also assisted the Court.

[Read Order]