The students of several Centers of Legal Education including 273 Students of Faculty of Law, Delhi University had sent Emails, with the request that the LL.B intermediate semester examination /evaluation and promotion should be held as per UGC Guideline through a composite scheme i.e. 50% marks from the internal assessment and 50% marks for previous performance. They have also given a reference of the Karnataka High Court Judgment in Writ Petition No.14389/2020 titled as Ritvik Balanagraj B. Vs. Bar Council of India whereby by virtue of an order dated 08.02.2021, the notification dated 01.11.2020 issued by Bar Council of India regarding conduct of intermediate semester examination was set-aside on the ground of UGC guidelines/ circular as mentioned above.
Further an email dated 27.05.2021 was sent by Prof. (Dr.) Vandana, Dean, Faculty of Law, Delhi University to Dar Council of India informing that DU has announced exam for UG and other streams, which are going to commence from 07.06.2021. She has particularly referred to the planned examination for LL.B. (All Years) which IS tO commence on 10.06.2021 in OBE blended mode.
Prof. (Dr.) Vandana has Stated consult with the Bar Council of that the Delhi University has required her to India regarding any specific instructions to be followed in this regard. She has specifically asked if any general instructions have been issued by the Bar Council of India or are in the pipeline for the Law Departments in the Central Universities.
However, it is trite to mention that this year Bar Council India had decided not to issue any guideline with regard to holding of examination for intermediate semester or final semester students of Law, in view of the fact that the guidelines issued by the Bar Council of India last year were challenged in Courts and some Universities wanted to depart from the guidelines and adopt their own protocol for holding the examination. Council of India’s predominant view this year has been to leave this matter with the respective Universities and enable them to take a decision keeping in view the convenience and the situation, the University and Students are placed in.
However, in view of enquiries pouring in the office of Bar Council of India like the above letters particularly, the one sent by Prof. (Dr.) Vandana inquiring about guidelines, k any, issued by the regulator i.e. Bar Council of India wit regard to LL.B. examination, the Council was of the view fat a High Level Committee of noted academicians/Vice-Chancellors be constituted and requested to deliberate on this issue and suggest a consensual mode for holding examination/evaluation and promotion for intermediate semester Law Students should be formulated.
The Council has accordingly resolved to constitute a 12 member expert committee to be chaired by Hon’ble Mr. Justice Govind Malur, former Chief Justice, Allahabad High Court, Convener of the Expert Committee.
Prof. (Dr.) Vandana, Dean, Faculty of Law, Delhi University may also be requested to place her views. The Secretary General, Association of India Universities will be the special Invitee to the Expert Committee.
It is also pertinent to mention that a Writ Petition (C) bearing No.5664/2021 titled as Somaya Gupta Vs. Faculty of Law, Delhi University & Ors. filed by the final year students of LL.B., regarding the same issue was listed for hearing before the Hon’ble High Court of Delhi on 01.06.2021, wherein it came to light that vide a circular dated 31.05.2021, DU have rescheduled LL.B degree exams to be held with effect from 14.06.2021 and the Hon’ble High Cowt recorded the submission of BCI, that it had constituted an Expert Committee to deliberate on the issue. The Hon’ble Court has taken notice of the submission of BCI and has observed that the Expert Committee would furnish it’s report within one week to the BCI regarding the issue of examination/evaluation and promotion of intermediate LL.B students , whereupon, BCI would take the final decision. The Bar Council of India will circulate the same to all the Centers of Legal Education, and will place the decision/opinion before Delhi High Court on the next date of hearing.