Law Students Move Chhattisgarh HC Against BCI Guidelines For Mandatory Semester Exams After Reopening Of Colleges

They will be represented by Advocate Abhishek Sinha and Vivek Verma.

The Petitioners have entered the seventh semester of their 5-yrs integrated law course on the basis of the University's "Promotion to Next Semester of Non Final Year Students" policy dated May 26, 2020.

They pointed out that even the UGC has taken a compassionate view in the testing times of Covid-19 and has fixed a criterion for assessment of students in intermediate semesters of various universities for promotion by evaluation of the previous semester and assessment of the current semester.

However, it is contended that the decision dated May 27, 2020 of the Bar Council of India, requiring all the law Universities to conduct examination for all the students who have been granted promotion in the affected semester, is "extremely harsh".

It is submitted,

"The very existence and purpose behind education system and also conduct of examination is in the interest of students, who are the future of the country. The interest of students should thus be central & paramount to all decision making process and any decision, policy or otherwise, which runs contrary to the interest, well-being, health, safety and life of students, is liable to be struck down for that reason alone."

The Petitioners have informed the Court that the University has already declared the Academic Calendar for the year 2020-2021 in which a packed schedule for various Curricular and Co-curricular activities are scheduled, and there is no scope of any further examination to be held.

"It is submitted that the students after being promoted to next semester would be required to familiarise with the new Curriculum which involves fresh subjects and topics, do various assignments face Mid Term tests, Pre-Examination feedback, make up Mid Term test again, practical examination, End Term a Examination and other activities including Backlog Exams stays and internship and other projects. It is submitted that once the fresh semester begins, it would be extremely harsh on the student to write examination of the End Term examination," the plea states.

It has further been submitted that students pursuing other professional courses have all been granted promotion and have been exempted from facing any examination after being promoted. However, only the Law students have been "singled out".

This is alleged to be a gross violation of their rights under Article 14 of the Constitution.

It is submitted that once a criteria/yardstick for promotion to the next semester has already been created on the basis of previous academic year assessment and current year evaluation and promotion already been granted to the students, any decision to take examination would amount to "deviation" from the set criteria of evaluation and assessment for which promotion to the next semester has already been granted.

The Petitioners seek a direction upon the BCI to take a compassionate view and not compel students to appear for semester end examination.