Four law students from Amity University, Chhattisgarh have moved the High Court against the
BCI's direction to all the law Universities to conduct intermediate semester exams, within a
month of reopening of the institution, despite UGC's decision to promote all students on the
basis of previous performance.
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
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They pointed out that even the UGC has taken a compassionate view in the testing times of
Covid-19 and has xed 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".
"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 Cocurricular 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.
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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.
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