Karnataka High Court Reserves Order On Plea To Quash KSLU's Decision To Hold Intermediate Semester Exams For 5 Yrs LLB Course

Justice Ashok S Kinagi reserved its order after hearing submissions of all parties in the matter.

During the hearing, the counsel for the University informed the court that almost 70 percent of students had appeared for the examinations which commenced from December 15. He relied on Supreme Court judgments and the circular issued by the Bar Council of India (BCI) to submit that if examinations are not conducted, the degrees of the students won't be recognised by the BCI.

It was also submitted that students had attended the online classes conducted by the colleges.

However, the court queried that the University should not limit itself to students in Bengaluru but also consider students in other parts of the state, who might not be able to attend classes online as they did not have access to the internet.

Counsel for petitioner submitted that a coordinate bench of the high court sitting at Dharwad on December 14 had quashed the notification issued by the University for conducting offline examinations for the students of 2nd and 4th semester of 3-year LLB course. He added that the decision does not make any distinction between 3 years and 5 years course.

Counsel for BCI submitted that the petitioners have not sought for quashing of the BCI circular which mandates conducting the examination in any mode. Further, the coordinate bench of the High court has not quashed the BCI circular; it has only said students should be promoted. So, as it stands today, the circular remains in operation and the Universities will have to conduct the examinations in any way.

It may be noted that a coordinate bench of the High Court sitting at Dharwad on December 14 had quashed the notification issued by Karnataka State Law University, by which it was to conduct offline examinations for the students of 2nd and 4th semester of 3-year LLB course.

The court had noted that, "Majority of the students did not possess the laptop/desktop and also do not have access to internet facilities, it is implied that effective education was not imparted to the petitioners as well as majority of the students."

Case Title: K P Prabhudev v. State of Karnataka

Case No: WP 22736/2021

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