The Bombay High Court in Neelakshi Bose v. State of Maharashtra & Ors has allowed a group of students from ILS Law College Pune to appear in their semester-end examinations despite falling short of the required attendance.
The Bench of Justices RI Chagla and Advait Sethna passed an interim order permitting the students to sit for exams. However, the Court clearly stated that the results would remain subject to the final outcome of the petitions pending before it.
The Court observed, “We are of the view that the petitioners (students) should be allowed to appear in the semester end examinations and which (the results, if they qualify) shall be subject to the outcome of these petitions. The petitioners shall not claim any equity by virtue of this order.”
The dispute arose after students were barred from examinations due to a shortage of attendance. As per the rules of Savitribai Phule Pune University, a minimum of 75% attendance is required. However, students argued that the university ordinances permit a relaxation of up to 20% in deserving cases.
It was submitted that the attendance of the concerned students ranged between 50% and 54%. The students also contended that sufficient lectures were not conducted by the college, which affected their ability to meet attendance requirements.
They relied on Ordinances 68 and 70 of the 2011 University Ordinances to seek further relaxation. A key issue before the Court is whether the 20% relaxation should be calculated from the 75% requirement or from the 70% benchmark prescribed under the Bar Council of India rules.
The Court also took note of a response received under the Right to Information Act from the Bar Council of India. The response indicated that law colleges must comply with the ruling in the Sushant Rohilla case until further directions are issued.
In that case, the Delhi High Court had held that students should not be prevented from appearing in examinations or continuing their legal education solely due to attendance shortages.
Taking these factors into account, the Bombay High Court issued directions to both the university and the college to file their replies. The matter has been scheduled for further hearing on June 22.
The order ensures temporary relief to the students while leaving the larger legal questions open for adjudication.
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