On May 7th, 2018 Law faculty of DU issues a notification intimating the students about the DU administration’s decision to detain the students from appearing for their end-semester exams in lieu of shortage of attendance.
Students at the Faculty of Law had approached the Delhi HC through multiple written petitions protesting against this notification that was issued under Rule 12 of BCI which mandates a minimum of 70% of attendance to appear for examinations.
On 6th July, 2018 the Delhi HC ruled in favour of the detained students upon observing that the shortage of attendance is not a pitfall on the students side given that DU had neither scheduled not actually conducted the mandatory minimum number of classes (Rule 10,clause 18, schedule III, BCI).
It was also observed that the attendance of the students was not marked adequately. The attendance records presented before the court revealed that the attendance of students was manifested arbitrarily and are henceforth utterly unreliable.
The May 7th notification was deemed null and void by the court. The court has also instructed to conduct extra classes for the completion of mandatory class hours and to make up for the shortage of attendance. The detained students have been allowed to write supplementary exams for those missed, given that they make up for the attendance and class hours lost within 8 weeks of extra classes conducted.
The Court has also directed BCI to take immediate steps to ensure that all its recognized centres of legal education strictly adhere to the established Rules of Legal Education.
The ruling was made by Justice Rekha Palli at the Delhi HC on 6th July, 2018. Senior avocates, Kriti Uppal and Prashanto Sen appeared for the petitioners.Advocate JS Mohinder Rupal appeared on behalf of the Faculty of Law, Delhi University.
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