PIL In Bombay High Court Flags Widespread Absenteeism In Mumbai University Law Schools, Seeks Enforcement Of 75% Attendance Mandate

A law professor from Mumbai University has filed a PIL before the Bombay High Court seeking enforcement of mandatory attendance requirements among law students enrolled in various colleges affiliated with the university.

A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor issued notice returnable by June 19, 2024, to Mumbai University, Bar Council of India, and the University Grants Commission in the PIL filed by Dr. Sharmila Ghuge, an Assistant Professor of Law at Jitendra Chauhan College of Law.

The PIL highlights that Ordinance 6086 of the University of Mumbai mandates a minimum attendance of 75% during lectures, practical sessions, and tutorials for all law students. However, it claims that there is a significant discrepancy between the required attendance and the actual attendance of students, which often falls well below the stipulated mark, sometimes as low as 0% to 30%.

The primary reasons cited in the petition for this shortfall include students engaging in internships with law firms or being employed while pursuing their degrees, coupled with the lack of enforcement by law colleges and university authorities.

“pursing internship by abstaining from classroom lectures, practical tutorials is extremely unethical on part of the students and illegal on part of all colleges and University to indirectly support the same by not taking any action against the defaulters.”

The petitioner proposes a mandatory internship program of 3-4 months at a stretch along the lines of CA, CS, Architecture and MBBS courses during the final semester to encourage students to attend lectures while gaining practical experience. “The present pattern prescribed by the Respondent No.2, of 12 weeks and 20 weeks, Internships for three years and five law courses respectively, during summer and winter break does not yield much results as courts are not working in regular flow during summer and winter breaks. It is advisable to reset the pattern of Internships in the interest of students.”

The petition claims that there is a pattern where students exhibit diminishing attendance rates over time, with only a fraction of enrolled students attending lectures regularly.

The petitioner cites Bar Council of India (BCI) rules, which prohibit internships during academic sessions and mandate a minimum attendance of 70% for eligibility to take end-semester exams. However, colleges and students often disregard these regulations, leading to a deterioration in academic standards, the PIL claims.

The petition also claims that there is leniency observed in law colleges affiliated with the University of Mumbai compared to the strict attendance requirements enforced in junior colleges. Despite obtaining undertakings from students regarding attendance compliance, colleges fail to take disciplinary action against defaulters, perpetuating a culture of absenteeism, as per the petition.

The PIL highlights discrepancy between stringent attendance requirements followed by National Law Universities (NLUs) and lax enforcement observed in colleges affiliated with the University of Mumbai. The petition asserts that such non-compliance amounts to a violation of Article 14 of the Constitution.

“If the said norms are followed by other legal institutions, the same should apply to law colleges affiliated to the Respondent No.1, University of Mumbai. The noncompliance of attendance by the Respondent no. 1 is indeed an act of arbitrary act amount to violation of Article 14 of the Indian Constitution. Needless to say, if the students of National Universities attend, 75% classes,, all students of law colleges affiliated to Respondent No.1 should comply with same”, the petition states.

The petitioner has put forward several suggestions to address the problem, including the issuance of comprehensive circulars, the constitution of monitoring committees, the adoption of secure attendance marking methods, publication of attendance defaulters' list, barring defaulters from appearing for exams etc. to enforce attendance requirements.

The petitioner has prayed for the court to issue directions to Mumbai University to establish a committee of independent experts dedicated to monitoring attendance at law colleges, and to make regular reports on attendance patterns and actions taken against defaulters. Further, the petition seeks directions to Mumbai University, BCI, and UGC to take appropriate disciplinary actions, against students and institutions found to be consistently in violation of the attendance requirements.

Case Title – Dr. Sharmila Ghuge v. University of Mumbai