Delhi High Court Bans Detaining Law Students Over Attendance, Orders Reform
The Delhi High Court ruled that no law student in India can be barred from exams or academic progression solely due to lack of minimum attendance, directing the Bar Council of India (BCI) to reconsider and relax mandatory attendance norms. The court emphasized that overly strict attendance rules harm students' mental health and urged recognition of diverse learning activities. Interim measures allow up to 5% grade reduction for attendance shortfalls, but not exam denial.
The Delhi High Court has issued a landmark judgment stating that no student enrolled in any recognized law college, university, or institution in India can be detained from taking examinations or prevented from academic or career progression solely because of insufficient attendance. The decision came in the suo motu case concerning the suicide of Sushant Rohilla, a law student who allegedly faced harassment and was forced to repeat a year due to low attendance. The court highlighted that stringent attendance norms have contributed to mental trauma and even student suicides, and stressed the need for a more flexible, holistic approach to legal education. It noted that classroom attendance is neither sufficient nor always necessary for effective learning, pointing out that activities like moot courts, seminars, debates, and practical training are equally important. The court referenced the National Education Policy (NEP) 2020 and UGC regulations, both of which advocate for flexibility in attendance requirements. As an interim measure, students with attendance shortfalls may face a maximum 5% reduction in marks or 0.33% in CGPA, but cannot be barred from exams. Colleges must notify students and parents of attendance shortfalls and provide remedial classes. The court also mandated the formation of grievance redressal committees with student representation and directed the BCI to consult stakeholders and revise attendance norms to include credit for extracurricular and practical legal activities. Additionally, it ordered the BCI to facilitate internships for all law students, especially those from disadvantaged backgrounds. The judgment underscores a shift from punitive measures to pedagogical support, aiming to safeguard students' mental health and academic futures.
