Attendance in Law Colleges for Students Pursuing LL.B.

Attendance in Law Colleges for Students Pursuing LL.B.

In a recent Judgment important issues have been discussed. 

• Attendance norms for education in general, and legal education in particular, cannot be made so stringent, so as to lead to mental trauma, let alone death of a student. 
• It has also been a consistent observation that students invariably attend lectures of teachers who make such lectures engaging and interesting. This ought not to be achieved by mandatory attendance norms, but by creating a space where feedback can be exchanged between teachers and students. Lectures which are engrossing automatically attract students, proving that attendance ought to be achieved by voluntary participation rather than by imposing rigid norms. 
• Even with mandatory attendance norms, the harsh reality of practices such as proxy attendance in many institutions is well known. Detention due to non-adherence to mandatory attendance does not take into consideration the practical difficulties and compulsions that a large number of students face at University level such as financial distress, responsibilities of families, commute from far off places, difficulties of independent living, etc. Mandatory attendance norms also tend to curb creative freedom by forcing students to be in a particular space that too, sometimes without any value generation.
• BCI is the body which is vested with the powers to regulate legal education. But the same cannot be in digression with the overall vision as envisaged in the National Education Policy, 2020 which does not even mention mandatory attendance requirements for students, but in fact emphasises the same for teachers. 
• Rule 12 of the Legal Education Rules, 2008, which bars students from being allowed to take the end semester exam without the minimum of 70% attendance, which can be reduced to 65% in exceptional circumstances, is not in line with the principles enshrined in the NEP, 2020 and is also contrary to the spirit of 2003 UGC Regulations which provides for flexibility. Moreover, the BCI has even gone a step forward by making attendance norms mandatory even for enrolment, which also deserves a re-look.
• The Right to appear in an examination can be curbed only on grounds and conditions which are reasonable and not arbitrary. The absolute bar against appearing in an examination without fulfilling mandatory physical attendance norms as contained in Rule 12 of the Legal Education Rules, 2008 is contrary to the spirit of the NEP, 2020, as also the 2003 UGC Regulations.
• The Bar Council of India shall undertake a re-evaluation of the mandatory attendance norms for the 3-year and 5-year LLB courses in India in line with the above observations as also in line with the NEP, 2020 and also the 2003 UGC Regulations which contemplate flexibility in attendance requirements. As part of this process, the BCI shall also incorporate modification of attendance norms to enable giving credit to moot courts, seminars, model parliament, debates, attending court hearings etc. In addition, ameliorative measures as contained below shall also be discussed and incorporated. BCI shall undertake a stakeholder consultation including students, student bodies, parents, teachers etc., for this purpose in an expeditious manner.
• Interim measures : No student enrolled in any recognized law college, University or institution in India shall be detained from taking examination or be prevented from further academic pursuits or career progression on the ground of lack of minimum attendance/ No law college, University or institution shall be permitted to mandate attendance norms over and above the minimum percentage prescribed by the BCI under the Legal Education Rules/Insofar as the mandatory attendance norms fixed by the BCI are concerned, all law colleges, Universities and institutions recognized which impart 3 years and 5 years LLB degree courses shall with immediate effect, implement ameliorative measures including– i. Weekly notification of attendance of students through an online portal/ a mobile app including on the notice board; ii. Monthly notice to parents/legal guardian/family members regarding any shortage in attendance; iii. Conducting extra physical or online classes for such students, who do not fulfil the minimum attendance norms; iv. Home assignments to be completed in lieu of shortage of attendance; v. Stringent practical work in legal aid clinics or similar such bodies, duly certified, which can cover up the shortage of attendance during the semester itself. Such steps shall thus be taken during the semester itself. vi. In terms of Rule 12 of Legal Education Rules, 2008, the attendance percentage shall be calculated on the basis of ACTUAL CLASSES HELD by the teachers. If at the end of a semester, a student still does not qualify the prescribed attendance norms, the college/University cannot bar the student from taking the examination. The student shall be permitted to take the semester examination, however, in the final result for the semester, the grade of the student would be permitted to be reduced by a maximum of 5%, in case of marks being awarded and by 0.33% in case of the CGPA system being followed. Merely on shortage of attendance, promotion to the next Semester shall not be withheld.
• In terms of the assurance given by the BCI on 10th January, 2020, read with Rule 26 of Schedule III to the Legal Education Rules, the BCI shall also take steps to enable internships to be made available to all students, especially those students belonging to economically weaker background, remote areas, specially-abled students etc. who do not have resources to arrange the same. Accordingly, the list of senior advocates, advocates, law firms, regulatory bodies, government organizations, etc. who are willing to provide internships to students, shall be published by the BCI and the State Bar Councils on their respective websites within three months. The said list shall be periodically updated and published city wise by the BCI and State Bar Councils so that the students can apply for and obtain internships.
• The Circular No. BCI:D:5186/2024 dated 24th September, 2024 issued by the Bar Council of India in respect of Biometric attendance, installation of CCTV cameras etc. in all centres of legal education across India, shall not be given effect to.

Reference : COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVERSITY [2025] GCtR 1645 (Delhi)