Court Upholds Bar Council of India's Attendance Rules, Disallows Writ of Mandamus Against Statutory Provisions
In a significant ruling, the Uttarakhand High Court has denied a law student's petition to appear in her 8th semester end-term examinations due to an abysmally low attendance record. The student, Anjali Bhandari, had only 11% attendance, falling drastically short of the minimum 70% requirement stipulated by the Legal Education Rules, 2008.
Presiding over the case, Justice Manoj Kumar Tiwari emphasized the statutory nature of the regulations set by the Bar Council of India (BCI), which mandates a minimum of 70% attendance for eligibility to sit for examinations. The court noted that an exception exists for students with attendance between 65% and 70%, subject to the approval of the Vice Chancellor or Dean, but Ms. Bhandari's attendance was well below this threshold.
The petitioner, represented by counsel Ayush Pokhriyal, sought a writ of mandamus to compel the university to allow her to take the exams. However, the court highlighted that such a writ cannot be issued to contravene statutory provisions. The Bar Council of India, represented by counsel Sandeep Tiwari, argued that granting permission in such cases would undermine educational discipline and diminish the standards of legal education.
Justice Tiwari underscored the settled legal position that a writ of mandamus cannot compel a public authority to act against statutory rules. He further pointed out that the regulations were put in place by the BCI to maintain order and discipline within law colleges, and granting exceptions would lead to lawlessness and degrade educational standards.
The court, however, allowed the petitioner to make a representation to the Bar Council of India within 24 hours, with the expectation that the BCI would consider and respond to it within a week.
This ruling reinforces the importance of adhering to statutory educational standards and the role of regulatory bodies like the BCI in maintaining the integrity and discipline of professional courses.
Bottom line:-
A law student with attendance significantly below the prescribed minimum as per the Legal Education Rules, 2008, cannot be permitted to appear in examinations. A writ of mandamus cannot be issued contrary to statutory provisions.
Statutory provision(s): Legal Education Rules, 2008
Anjali Bhandari v. Graphic Era Hill University, (Uttarakhand) : Law Finder Doc id # 2906641
