Law Student's Plea Against BCI Guidelines On Intermediate Yr Exams; Bombay HC Seeks Reply From Bar Council Of Maharashtra & Goa

The Bombay High Court on Thursday while hearing a law student's plea challenging Bar Council of India's guidelines dated May 27 and June 9 to conduct exams for its intermediate year students after the academic year starts and asked the petitioner to implead the Bar Council of Maharashtra and Goa as party in the matter.

Division bench of Justice AA Sayed and Justice SP Tavade on Thursday heard the PIL filed by Samarvir Singh, who sought directions to the Bar Council of India to dispense with its guidelines to conduct exams for its intermediate year students noting that there was a stark contradiction between UGC and BCI guidelines. Court also issued notice to the State Bar council.

Petitioner appearing in-person submitted that in view of the subsequent developments in the matter, he is now pressing only the prayer clause (c) of his petition.

In an affidavit dated October 9, the petitioner contends-

"On May 22, the University of Mumbai in consonance with he UGC guidelines dated April 29, issued guidelines to promote the students of intermediate year on the basis of previous performance. Acting upon such guidelines of the University of Mumbai many colleges have published results of the intermediate year students on the basis of previous performance.

I state and submit that the Bar Council of India guidelines dated May 27 and June 9 directing the colleges to conduct the examination of the students of the intermediate year within a month of re-opening of the colleges are in stark contradiction to the UGC guidelines. While the UGC guidelines grant liberty to the Universities to assess local situation and resources and then decide to either conduct intermediate year examinations or to assess such students on the basis of previous performance, the BCI guidelines mandate the Universities to conduct such examinations within a month of reopening of colleges. Since the Hon'ble Supreme Court has upheld the UGC guidelines, the above states BCI guidelines ought to be quashed."

Petitioner has cited Supreme Court's judgment in Praneeth K & Ors Vs University Grants Commission & Ors., In the said judgment, apex court had noted-

"The differentiation made by revised guidelines to hold Final year/Terminal semester examination has a rational basis and there is an intelligible differentia between the student of Final year/Terminal semester and other students. We thus reject the challenge on the ground that there is any hostile discrimination between the students of Final year/Terminal semester and other students."

The petitioner also contended that conducting online exams would not be viable for students as the number of cases of Covid-19 in the State are still on the rise.

Finally, the Court noted-

"Leave is granted to the Petitioner, who is appearing in person, to make Bar Council of Maharashtra & Goa as party-Respondent. Amendment to be carried out within a week. Issue notice to the newly added Respondent, returnable on 12 November 2020."

Thus, the matter will now be heard November 12, 2020.

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