Delhi High Court Hears Plea Against Online Examination for Final Year Law Students

Must Read

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

Follow us

Delhi High Court refused to entertain a plea challenging the legality of the order given. Moreover, the directions passed by the Bar Council of India to all Law Universities in the country. This was to conduct the final year law examinations through any appropriate method. Inter-mediate year law examinations would take place after the reopening of colleges (Vishal Tripathi & Ors. Vs BCI & Ors.).

Brief Facts of the Case

Two law students, Purbayan Chakraborty and Vishal Tripathi, had preferred the petition. Purbayan is a final year student at Delhi University. And Vishal, a third-year law student in Karnataka University’s five-year LLB course. The petition had challenged the BCI notification and the Delhi University Notification. This was about the conduction of online examination for final year students.

The BCI issued the 27th May Guidelines along with their Press Release dated 9th June. In addition to that, it allowed the final year law students to appear for online examination. Thus, the Universities had the liberty to adopt an alternative strategy for conducting examinations. This was for those students who were unable to give the online examinations. Therefore, for intermediate students, the Guidelines prescribed promotion based on performance. This includes marks of previous years and internal exams of the current year. It directed the Universities to conduct the same within a month of reopening of colleges.

Petitioners’ Contentions 

Advocates Gunjan Singh and Pragya Ganjoo had represented the petitioners. The primary contention was that law colleges across India could not conduct classes. It was due to the effect of COVID 19. Thus, they should not hold the examination. The petitioners argued that almost 25% of law students had electronic devices.

Moreover, very few people have a proper internet connection. In addition to that, they also highlighted the suicide of a 16-year-old student in Assam. The reason was the unavailability of a smartphone. For which, he missed online classes and examinations.

Thus, the primary submission was that any direction to hold exams would be discriminatory. This would exclude the more impoverished 75% of the student population. Hence, they stated that the online classes were not freely accessible to the poor due to a lack of facilities. Therefore, these online classes are just limited to the luxurious and comfortable class of society.

Advocate Gunjan Singh argued that the BCI failed to consider the students’ difficulties. Singh stated that due to lack of classes, the changes are necessary for the conduction of exams. He advised that the final year examination must replace with internal assessment (IA).

The plea alluded to the CBSE notification which had taken similar steps. The petition also highlighted the situation in Delhi University. Here, physical copies of case material were not provided to the students.

Many outstation students were stuck in their hometowns. Thus, they had no access to the study materials. The plea prayed for a direction to plan an alternative evaluation system. The main motto was justice and exclusion of discrimination to the poor.

Respondents’ Contentions

The Counsel for BCI was Advocate Preet Pal Singh. He stated that law colleges were free to adopt any other similar method to examine the students. This was apart from online examination. The Counsel for UGC was Advocate Apoorv Kurup. He stated that the examination was compulsory for final year students. Nevertheless, institutes got the power to decide the promotion methods of intermediate students.

Court’s Observation 

A Division Bench of Justices Hima Kohli and Subramonium Prasad was setup. The Court clarified that LL.B. students are different from the students of other courses. Observing that final year examination would test the preparation of L.L.B. students for the profession, the Court stated,

“These are professional courses… these are not undergraduate courses.”

The Court also noted that several law colleges might not even have the system of conducting IA. This was apart from national law universities. Advocate Singh mentioned that he lacks the full information on classes conducted. Furthermore, he lacks the knowledge of methods practised by all law schools in India. The Court further expressed its unwillingness to entertain the petition after this.

“We can’t do a witch hunt in respect of law colleges…Under Article 226 jurisdiction, we can’t do a roving and fishing enquiry”, the Court said.

They remarked that the SC was an appropriate forum for such a pan-India challenge. Also, one of the petitioners was of the University for which the Court lacks jurisdiction. Thus, the Court did not have the mandate to entertain the petition in its present form.

Court’s Decision 

The Petitioners ultimately withdrew the petition. However, it got the liberty to approach the Supreme Court for appropriate relief.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -