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HIGH COURT OF DELHI
W.P.(C)5664/2021
SOMAYA GUPTA & ORS. Petitioners
Through: Mr. Siddharth Seem and Mr. Divyanshu Rai,Advoeates.
Through: Ms.Seema Dolo,Advocate for R-1 8c A.
Mr. Preet Pal Singh and Mr. Saurabh Sharma, Advocates for
BCI.
Mr. Apoorv Kurup and Ms. Nidhi Mittal,Advocates for R-3/UGC.
3.
SHIVANGI BFIARDWAJ & ANR. Petitioners
Through: Mr. Prateek Sharma and Mr. Harpreet Singh Hora,Advocates,
Through: Mr. Mohinder J.S. Rupal and Ms. V.Bhawani,Advocates for R-1.
4.
ADITYA JOSFII & ORS. Petitioners
Through: Mr. Chirag Madan and Mr. Sai Krishna,Advocates,
Signature ^lid JUST®# PRATED JALAN
2021:DHC:4489
Through; Mr. Mohinder J.S. Rupal and Ms. V.Bhawani,Advocates for R-1.
BCI.
11..
SAfflB KOCCHAR & ORS. Petitioners
Through: Mr. Anant Garg and Mr. Divyanshu Rai,Advocates,
Through: Mr.Mohinder JS Rupal and Ms.V.
Bhawani,Advocates for DU.
BCI.
05.07.2021 The proceedings in the matter have been conducted through videc conferencing.
W.P.fCl 5664/2021 and CM APPL.17659/2021 (for interim relief)
W.P.rCI 5668/2021 and CM APPL.17711/2021 (for ex-varte stay)
W.P.tCI 5745/2021 and CM APPL.18012/2021 (for stay)
W.P.fCI 6195/2020 and CM APPLs. 9046/2021 & 9909/2021 (for directions)
Signature v^lld /& JUSTlgE# W.P.(C)5664/202Iandconnectedmatters ^
ORDER
1. These four writ petitions have been filed by students in the second year and third (final) year of the LL.B Course in the Faculty of Law, University ofDelhi["the University"]. They have recently completed the examinations of their fourth and sixth semester respectively. However, the University was unable to conduct assessments for the papers they had taken in their second and fourth semesters, due to the COVID-19 pandemic. The University now proposes to conduct those assessments by way of online open-book examinations ["OBEs"]. The petitioners have some reservations about this, which they have sought to agitate in these writ petitions. As the issues raised in these petitions are broadly similar, they have been taken up together with the consent oflearned counsel for the parties.
2. The contentions of the parties were recorded in an order dated 01.06.2021, at the stage ofissuance of notice in W.P.(C)5664/2021 and W.P.(C) 5668/2021. The Court also noted certain points which the University was required to clarify.
3. The ease of the petitioners was broadly that the UGC, by a notification dated 29.04.2020, permitted the evaluation of the intermediate semester students, i.e. students who were not in the final year, by a combination of marks obtained in the internal evaluation and past performance. Although the University adopted this course for most of its courses, it did not do so for the LL.B. course, presumably due to notifications of the Bar Council of India ["BCI"] commencing from 09.06.2020 and terminating with a notification dated 01.11.2020, directing all law colleges to hold examinations for the intermediate semesters also. Learned counsel for the petitioners pointed out that the JUSTl^^ pratWjalan W.P.(C)5664/2021 andconnected matters ' J 27 notification of the BCI dated 01.11.2020, insofar as it relates to intermediate semester examinations, was set aside by the Karnataka High Court by a judgment dated 08.02.2021 in W.P.(C) 14839/2020 \Ritvik Balanagraj B. v^'. Bar Council ofIndia & Ors.'l and connected matters. The petitioners sought assessment of their pending papers (postponed from May 2020) by internal assessments and previous performance, keeping in mind the physical illness suffered by many of the students during the pandemic,and the severe mental distress caused by it. Learned counsel pointed out that, following the judgment ofthe Karnataka High Court, there was no impediment in the University adopting the cours suggested by them. A further eontention was raised to the effect that the examination for the sixth semester ought to be held only after the fourth semester results are made available as, in the event a student requires or desires to repeat any ofthe fourth semester papers, that opportunity will be available to him/her only after one year, when the fourth semester examinations are next held in the regular eourse.
4. It was submitted on behalf of the BCI that it had set up a committee headed by a former ChiefJustice ofthe Allahabad High Court and comprising the heads of law faculties in various universities, to deliberate upon the nature ofthe evaluation.
5. Keeping these submissions in mind,the University was directed to further consider the necessity of holding the aforesaid examinations, particularly in the light ofthe submissions recorded above regarding the alternative modes of assessment available to the University under the UGC notification dated 29.04.2020. The University was also inter alia direeted to apprise the Court as to the arrangements which it was making Signature valid /M JUSTI^^ W.P.(C)5664/2021 andconnected matters to ensure that the COVID-19 affected students, students who are unable to clear the examinations and those who seek to improve their marks,are given a second opportunity to take the aforesaid fourth semester examinations within a reasonable time frame.
6. After the aforesaid hearing dated 01.06.2021, the Committee appointed by the BCI has given its report, which has been incorporated in a Press Release dated 10.06.2021. The Committee comprised of the following members:- "1. Hon'ble Mr. Justice Govind Mathur, Former Chief Justice, AllahabadJligh Court, Chairperson/Convener ofthe Committee.
2. Mr.D.P.Dhal, Senior Advocate, Member,Bar Councilof India;
3. Mr. Ved Prakash Sharma, Advocate, Member, Bar CouncilofIndia;
4. Prof. (Dr.) Manoj Kumar Sinha, Director, Indian Law Institute, Delhi;
5. Prof. (Dr.) Srikrishna Deva Rao, Vice-Chancellor, NationalLaw University Delhi;
6. Prof. (Dr.) Vijayakumar, Vice-Chancellor, National Law Institute University, Bhopal,
7. Prof. (Dr.) Vijender Kumar, Vice-Chancellor, National Law University, Nagpur;
8. Prof. (Dr.) Sudhir Krishnaswamy, Vice-Chancellor, NationalLaw SchoolofIndia University, Bengaluru;
9. Prof. (Dr.) C. RajKumar, Vice-Chancellor, O. P. Jindal Global University, Sonipat;
10. Prof. (Dr.) Sanjeevi Shanthakumar, Director, Gujarat NationalLaw University, Gandhinagar;
11. Prof.(Dr.)Akhilendra KumarPandey,B.H.U., Varanasi
12. Dr.(Mrs.)PankajMittal, Secretary General, Association ofIndian Universities, New DelhiSpecialInvitee
13. Dr. Rajani R. Giipte Vice-Chancellor, Symbiosis International University,Pune SpecialInvitee JUSTI PRAT- W.P.(C)5664/2021 andconnected matters Page5ojItf Signature
14. Prof. (Dr.) Vandana, Dean, Faculty of Law, Delhi University,Delhi"
7. The recommendations ofthe Expert Committee are as follows "The Members deliberated at length regarding the mode of evaluation/examinationfor the promotionfrom intermediate semester to the next semester andfor the award ofthe Law Degree. After detailed discussion and deliberations, the Committee unanimously agreed that each University/Centers ofLegal Education shall conduct examination for intermediate and finalyear students, asper their own dispensation, depending upon the availability ofresources and the impact ofCOVID 19 in that region. It was unanimously agreed that an endterm examination is mandatory to be conducted by all Law Schools/Universities. It was further decided that University/Centers ofLegalEducation arefree to determine the mode of examination [Online/Offline/Blended/Online Open Book Exam (QBE Assignment Based Evaluation (ABE)/Research papers]. The Committee also recommended that the Universities/Centers ofLegal Education should ensure that sufficient time gap exists between regular and backlog examinations to avoid inconvenience to the students. The Committee also took note of the earlier resolutions adopted by Bar Council ofIndia on 27.05.2020, 06.09.2020, 05.10.2020 and 01.11.2020 which had stipulated examinations for all semesters, and wherein guidelines regarding the mode of conduct of examination/evaluation had been issued, and unanimously agreed that the University/Centers ofLegalEducation arefree to determine the mode ofevaluation/examination for promotion andfor award of the Law Degree and for the conduct of examination."
8. Ms. Seema Dolo, learned counsel for the University and Professor Dr. Vandana,Dean,Faculty ofLaw,Delhi University,who is also present PRAT W.P. (C)5664/202I and connected matters Signature lid JUST Page6of10 in the video-conference hearing, submit that the aforesaid recommendations of the Committee, which have been accepted by the BCI, makes it mandatory for the University to conduct an end-term examination, although the mode of examination (online open book examination/ assignment based evaluation/ research paper) has been left to the discretion ofeach University/ Centre ofLegal Education.
9. Having regard to all the relevantfactors,the University has decided to conduct online open book examinations, in respect ofthe intermediate semesters (second semester and fourth semester) examinations, which were postponed on account ofthe pandemic. Although the detailed datesheet has not yet been announced, it is submitted that the aforesaid examinations are likely to be conducted in July,2021 itself.
10. However,having regard to the situation created by the pandemic,it is further submitted that the University will make special arrangements to conduct a further examination in the aforesaid papers, most probably in September, 2021. This will enable students who are unable to take the examination in July, 2021 for any reason, or seek to improve their performance, to take the examination at that time rather than await the regular examination,which would be held after only next year.
11. Mr. Siddharth Seem,learned counsel for the petitioner in W.P.(C) 5664/2021 submits, with regard to the report of the BCI's Expert Committee, that the option of an assignment based evaluation has also been permitted. According to him,an assignment based evaluation would be in the interest ofthe students affected by the COVID-19 pandemic as opposed to an online open book examination. Mr. Seem also submitted that various LL.M. entrance examinations are scheduled in the second PRATER JALAN IV.P.(C)5664/2021 andconnected matters Page 7of10 JUSTKEi half of July, 2021, which may make it difficult for the final semester students to take their backlog examinations atthe same time.
12. Mr. Chirag Madan, Mr. Divyanshu Rai and Mr. Prateek Sharma, learned counsels for the petitioners in the other three writ petitions, submitted that in view of the position taken by the University, the only further relief sought is that the result of the second semester and fourth semester examinations to be conducted in July, 2021 be declared as expeditiously as possible.
13. Having heard learned counsel for the parties,I am ofthe view that the Court cannot give a mandatory direction to the University to condu an assignment based evaluation rather than an online open book examination. The Expert Committee ofthe BCI has left this issue to the discretion of each University, having regard to the availability of resources and the impact ofCOVID-19 in the region. The decision ofthe BCI is not under challenge in these petitions. The fact that the examination is being conducted online by the University obviates the danger to the students' health which a physical examination would have posed. However, the ehoice of mode of examination is one which the University is authorised to consider, and the University's policy decision in this regard cannot be interfered with by the Court, unless it is shown t( be arbitrary or manifestly unreasonable. Mr. Seem also fairly agreed that neither the UGC deeision dated 29.04.2020, nor the BCI directive, prohibit the course which the University has chosen to adopt. The Court must, in such circumstances, defer to the University's judgment as between an assignment-based evaluation and an OBE. The judgment of the Supreme Court inter alia in National Board ofExaminations v. G. W.P.(C)5664/2021 and connected matters JUSTISE PRAT Page 8of10 Anand Rainamurthy & Ors. (2006) 5 SCC 515 makes it clear that interference with academic matters under Article 226 ofthe Constitution is to be sparingly exercised.
14. The submissions made today on behalf of the University to the effect that a special arrangement will be made for a repeated examination in September, 2021 for all candidates who were unable to give the examinations in July, 2021, is a safeguard which can be used by those who are suffering from the effect ofthe pandemic upon themselves and their families.It will also ensure that the final year students do not suffer an avoidable extension oftheir course.
15. Professor Dr. Vandana has also assured the Court that, as far as possible and practicable, the date-sheet for the July, 2021 examination will be decided keeping in mind the dates of the LL.M. entrance examinations in which a large number offinal year students may wish to participate. In any event, the candidates who are unable to take the University examination in July, 2021 due to clash in examination dates, will also be permitted to take the special examinations to be held in September,2021.
16. The submission of the petitioners that the results of the examinations be declared early,so thattheir course is completed and they can carry on with further studies or seek employment is also reasonable. The University will make all endeavours to declare the results as expeditiously as possible.
17. Mr.Prateek Sharma,learned counsel for the petitioner in W.P.(C) 5668/2021 states that in his petition, a legal issue with regard to the powers ofthe Academic Council ofthe University has also been raised. JUST! PRATl The said issue is left open for decision in an appropriate case.
18. The writ petitions, alongwith all pending applications,are disposed ofwith these directions. JULY 5,2021/'vp' PRATEEK JALAN,J Signature \®lid age 10of10 JUSTK PRATEl