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The Delhi High Court bench comprising Justice Rekha Palli on 6th July directed the Faculty of Law, Delhi University to hold at least 139 hours of extra class within 8 weeks to make up for the shortfall of student’s attendance due to the failure of the faculty members to hold mandatory minimum number of classes as per the Bar Council of India (BCI) mandate. The Hon’ble court further quashed the detained students list as had been issued by the university.
As per the BCI rules, a student has to meet the criteria of a minimum 70 percent attendance failing which he will be debarred from giving final examinations. A group of students had been detained by the university from giving exams on their failure to comply with attendance mandate as per BCI guidelines. Subsequently, various writ petitions were filed before the court and some of the petitioners were granted interim relief for appearing in the examinations subject to the court’s decision. However, it was contended by the petitioner that the Faculty of Law had itself not conducted the requisite number of 360 hours of classes as per BCI legal education rules. Out of the few scheduled classes, many had further been canceled due to the prolonged strikes by the Delhi University Teachers’ Association (DUTA) and events of the college administration and in total only 230 hours of classes had taken place.
The court held that the results of these students would be on a provisional basis till the time they don’t fulfill the mandatory attendance criteria as per Rule 12 of BCI rules by attending a requisite number of extra classes. Further, the court directed the university to hold supplementary examination for students who were not granted interim relief and thus, couldn’t give their end-semester exam. It also directed the BCI to exercise its statutory powers by taking immediate steps for ensuring compliance of rules by all the recognized legal education institutions.
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