Delhi HC refuses plea challenging BCI notification on online law exams

The petition filed by two law students claimed that since the law colleges were not able to complete the syllabus and conduct classes due to the pandemic, they could not be permitted hold examinations

The Delhi High Court Friday refused to entertain a petition challenging the Bar Council of India's (BCI) notification directing the universities across the country to conduct final year law examinations through online mode.

The petition filed by two law students claimed that since the law colleges were not able to complete the syllabus and conduct classes due to the COVID-19 pandemic, they could not be permitted hold examinations.

A bench of Justices Hima Kohli and Subramonium Prasad, which was conducting the hearing through video conferencing, said the concerns raised by the petitioners refer to the issues that are pan-India and it cannot go into it as one of the petitioner student is not studying in a university over which the Delhi High Hourt has jurisdiction.

When the court expressed its view that it was not inclined to entertain the petition in its present form, the petitioners' counsel sought permission to withdraw the plea.

The high court allowed the students to withdraw the petition and granted liberty to approach the Supreme Court.

The petition was filed by two law students, a final year student in the Delhi University's Campus Law Centre-I and a third year law student in Karnataka University's five-year LLB course.

Besides the BCI's notification, the plea also challenged the Delhi University's June 27 notification on conducting online examinations for final year students.

It claimed that only 25 per cent of the law students have smart phones, computers and internet connection and any direction hold examinations would be discriminatory and exclude the 75 per cent of the students population.

Advocate Gunjan Singh, appearing for the petitioners, contended that the BCI's notification has failed to consider the unavailability of laptops, computers, smartphones and Internet with many students.

The counsel claimed that classes could not be conducted due to the pandemic and as an alternative, sought to substitute final year examination with internal assessments or assignments.

Advocate Mohinder Rupal, representing the Delhi University, said online classes were conducted by the varsity after the lockdown and till April 20 and claimed that they have received better response in it as compared to physical classes.

BCI's counsel Preet Pal Singh submitted that as per its notification, apart from online examination, law colleges were free to adopt any other equivalent method to evaluate the students.

Advocate Apoorv Kurup, appearing for UGC, said while the examinations were compulsory for final year students, institutes had the power to determine the mode and manner of promotion of intermediate students.