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On the 27thof May the Bar Council of India issued guideline regarding conducting exams which was then released on the 9thof June. The Circular stated that all universities would have to conduct exams for the final year law students in any form which was feasible for both the students and universities to adopt or they that would to allowed to give online examinations. Barring the Final year students, all the others would have to give their intermediate year examinations once the colleges reopen. The intermediate students would be promoted based on an average of their previous years marks and internal marks but End Semester exams should be mandatorily conducted within a month of reopening of college.
Following this, a petition Court challenging the constitutionality of the above orders given by the BCI to all Law Universities was filed in the Delhi High. Advocates Pragya Ganjoo and Gunjun Singh filed the plea on behalf of the Law students Vishal Tripathi and Purbayan Chakraborty further challenging the notification dated 27thJune of University of Delhi. The notification reads that UG and PG Programs will conduct Open Book Examination from the 10thof July and new date sheets would be sent out by the 3rdof July.
The primary issue in the plea is that 25% of the law students do not have access to online modes of education or gadgets to use for the purpose. The plea highlights the suicide case of a 16 year old students from Assam who was troubled as he was unable to participate in online neither examinations nor classes. The submission is that the circular is discriminatory in nature since it caters to only 25% of the Law students coming from privilege and leaves the rest of the 75% poorer class with no medium to accommodate this mandate.
The petitioners have criticized the way the online lectures were being conducted. As averred in the plea, "the online/internet mode education which was adopted as an alternative soon after the shutdown of the educational institutions was essentially beneficial to the comfortable and richer section of the society.” The plea suggests that promotion should be based on the average marks obtained by the student in the previous years.
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