38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Delhi High Court Rescued detained law students of Delhi University. [Read Judgment]

By LawStreet News Network      07 July, 2018 12:00 AM      0 Comments
Delhi High Court Rescued detained law students of Delhi University. [Read Judgment]

On Friday (July 6th, 2018) Delhi High Court has rescued law students of Delhi University (DU), who were detained for the shortage of attendance.

Law students of Delhi University approached the Delhi High Court through multiple writ petitions protesting a notification issued by the Faculty of Law, DU on May 7. The action from the varsity provoked the students to hold a protest on May 09, 2018 as one day before the faculty of law had released the detention list stopping 450+ students from writing their exam which was to start from May 14.

As per Rule 12 of the Rules of Legal Education of the Bar Council of India Rules (BCI Rules), it’s mandatory that all law students must have a minimum of 70% attendance to appear for exams.

On behalf of the law students, it was contended that the students were not to be blamed for their attendance shortage, given that DU had neither scheduled nor actually conducted the mandatory minimum number of classes as required by Rule 10 of the BCI Rules.

Delhi University contended that they have calculated the attendance with reference to the total number of lecture classes actually held. As per the BCI Rules under Clause 18 of Schedule III class hours conducted satisfied the statutory minimum criteria.

Justice Rekha Palli of Delhi High Court rejected the contention and favoured the law students after finding serious lapses on the part of DU in complying with the BCI Rules and said “When a recognized law college does not comply with Rule 10, it essentially deprives its students of a reasonable chance to attend the necessary number of classes to meet the mandatory attendance criteria prescribed under Rule 12, since it does not afford the students an adequate opportunity to make up the shortfall in their attendance due to classes missed on account of valid concerns, or leaves taken under the legitimate expectation of having an adequate opportunity to attend future classes to compensate for their absence.

I find that it is only possible for students to plan their leaves and academic schedules when they have prior information about the number of classes that are going to be conducted and their approximate respective durations. In the absence of such information, academic schedules are too indeterminate, as a result of which students are unfairly disadvantaged since they are inevitably unable to avail any leave, for medical reasons or otherwise, without uncertainty or undue anxiety of falling short of the mandatory attendance criteria.

Senior Advocate Kriti Uppal appeared for the student-petitioners pro bono. Among other counsel Advocates Himanshu Dhuper, Ashish Virmani, Rajesh Mishra, Prashanto Sen, Mehmood Pracha and Eshna Kumar also appeared for the petitioners. Advocate JS Mohinder Rupal made arguments for the Faculty of Law, DU.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email