Delhi HC bars law colleges from blocking exams over attendance shortage

The Delhi High Court has ruled that no law college or university can stop students from appearing for examinations on the grounds of insufficient attendance.

The court also directed the Bar Council of India (BCI) to review and relax its mandatory attendance requirements for law programs across the country.

Delivering its 122-page judgment on Nov 4, a bench of Justices Prathiba M Singh and Amit Sharma emphasized that attendance rules in educational institutions should not be so rigid that they cause mental distress or, in extreme cases, push students toward tragic outcomes.

The case originated from the 2016 suicide of Sushant Rohilla, a third-year law student at Amity Law School, who took his life after being barred from exams due to attendance shortage.

“Legal education does not merely require rote learning or one-sided teaching. It has various dimensions to it, such as knowledge of law, practical application of the law, and implementation thereof. To obtain such holistic education, mere presence in classrooms is neither required, nor can be sufficient,” the bench said.

The court said classroom teaching should be balanced with hands-on learning through moot courts, seminars, legal aid, internships, and model parliaments.

These activities, it observed, are vital for developing practical legal skills and should count toward attendance.

“Thus, sufficient flexibility in marking of attendance to promote participation in multifarious areas of learning in law school is essential to inculcate a growth mindset in budding law students,” the order noted.

The court added that while attendance rules may not have been the only reason for Rohilla’s suicide, such norms should never contribute to mental health crises among students.

“There are several other cases of suicide by students over the years that have been connected to mandatory attendance requirements, mental health crises arising from the pressure to meet such attendance requirements, and other related issues,” the bench said.

To address these concerns, the court directed that all educational institutions must form grievance redressal committees (GRCs) under the University Grants Commission (UGC) Regulations, 2023, to safeguard students’ well-being.

It also instructed the UGC to hold consultations and explore amendments to its existing guidelines.

“BCI shall undertake a re-evaluation of the mandatory attendance norms for the 3-year and 5-year LLB courses in India,” the court said, urging the council to consider giving attendance credits for moot courts, seminars, debates, and court visits.

The BCI has been asked to consult students, parents, and educators before finalizing the revised framework.

While the new norms are being reviewed, the court ordered that no student in any recognized law college or university should be stopped from taking exams or continuing their studies due to attendance shortage.

It clarified that no institution should impose attendance requirements higher than the percentage prescribed by the BCI under the Legal Education Rules.

The bench also directed law colleges to introduce corrective measures such as publishing weekly attendance records online, sending monthly updates to parents, and arranging supplementary classes for students who fall short of the required attendance.

If a student still fails to meet the prescribed level, they must still be allowed to sit for exams, the court said, though their final marks or grades may be reduced slightly, by up to 5% in marks or 0.33 points in CGPA.

The court further held that the BCI’s September 2024 circular mandating biometric attendance and CCTV installation in all law schools should not be enforced until further notice.

With this ruling, the Delhi High Court has set a precedent aimed at balancing academic discipline with mental well-being, signaling a shift toward a more compassionate and flexible approach in India’s legal education system.