SHEKHAR KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are students of L.L.B. Honours Course run by the Banaras Hindu University (BHU), Varanasi. The petitioners were denied permission to appear in the Vth Semester Examination of the L.L.B. honours course by the respondent-University on the ground of paucity of attendance. The petitioners instituted this writ petition for a direction to the University to permit them to appear in the 5th semester L.L.B. Honours Course Examination for the academic session, 2018-19.

(2.) Sri Siddharth Khare, learned counsel assisted by Sri Kamlesh Kumar Yadav, learned counsel for the petitioners submits that the petitioners have been precluded from appearing in the examination on ground of failure to achieve minimum attendance requirements. The criteria for attendance, which was created by the University on the eve of the examination, is contrary to the Bar Council of India Rules which regulate the minimum requirements of attendance for students pursuing the L.L.B. Honours Course. The University violated the aforesaid Rules and failed to conduct the requisite number of classes as contemplated in the aforesaid Rules. He further submits that the criteria, which was created by the University, was arbitrary and discriminatory in nature. The attendance criteria was changed after the commencement of the academic session. Further, the procedure adopted by the University in finalizing the requirements of attendance was arbitrary. The petitioners were never put to notice about the sudden change in attendance criteria. The petitioners were prejudiced both by the decision as well as the procedure adopted by the University. The petitioners did not have any opportunity to make good the short fall in the attendance, if at all, on account of the procedure adopted by the University and the criteria set by the University.

(3.) Per contra, Sri B.K. Upadhyay, learned Senior Counsel assisted by Ms. Pooja Agarwal, learned counsel for the respondent-University contends that the criteria was created in the face of an extraordinary situation which demanded extraordinary measures on part of the University. The criteria was created while acceding to the demand of the students and a simultaneous endeavour was made to ensure that the overall criteria remained consistent with the Regulations of the Bar Council of India. The criteria of 40% attendance in the semester adopted by the respondent-University ensured that the overall attendance of the students for the entire degree course cumulatively aggregated to 70% which is the bench mark provided by the Bar Council of India Rules.