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Synopsis

The Delhi High Court recently sought the Bar Council of India's (BCI) stand regarding the attendance requirements mandated for the five-year LL.B. course while hearing a suo motu case concerning the suicide of an Amity law student.

The bench presided over by Justice Prathiba M. Singh and Justice Amit Sharma ordered the Legal Education Committee of the Bar Council of India to file an affidavit regarding the matter within two weeks.

The bench was dealing with the case of Sushant Rohilla, who died by suicide in 2016 after being barred from appearing for semester exams due to a shortage of attendance. His sister, Mehak, had written to the Chief Justice of India alleging harassment by Amity University's administration. 

Acknowledging that the present case concerns attendance requirements prescribed for the LL.B. degree by the BCI, the bench directed the Legal Education Committee of the BCI to hold a virtual meeting and present its stand before the court on the attendance requirements as per the norms set out in Paragraph 32(b) of the order dated 9th September 2024. 

Notably, on 9th September, the same bench had directed the Secretary of the Ministry of Education to hold a stakeholder consultation on making attendance mandatory in undergraduate and postgraduate institutions nationwide. Additionally, the court ordered the establishment of a grievance redressal mechanism across the country within two weeks. 

Advocate Kirtiman Singh, appearing for the Union of India, submitted a short note before the bench stating that "the aforementioned directives issued by the court have been complied with"

However, the bench noted, "the short note does not include the list of higher educational institutions to which the circular dated September 19, 2024, has been issued by the Secretary, UGC, for the constitution of the Grievance Redressal Committee for Students in Higher Education Institutions."

Therefore, the bench ordered the Department of Higher Education to file a proper affidavit outlining complete details of the list of the institutions to whom the letter dated 19th September 2024 has been issued by the Secretary, University Grants Commission (UGC).

"In the said list, all the institutions whose responses have been received shall also be reflected," it added.

Further, the bench stated, "The outcome of the consultation meeting held on 7th October, 2024 which may be in the form of the minutes of the meeting shall also be placed on record. If no minutes of the said meeting have been drawn, the outcome of the said consultation meeting shall also be captured in the said affidavit on behalf of the Department of Higher Education" 

While addressing the suicide by the law student, Advocate Ashok Mahajan appearing for Amity Law School reiterated that the institution was not at fault and that the student's parents had been informed about the attendance shortage multiple times.

Advocate Preet Pal Singh, appearing for the Bar Council of India, submitted before the bench a document outlining the constitution of the Legal Education Committee of the Bar Council and the attendance requirements at various international universities.

Meanwhile, Senior Advocate Dayan Krishnan, appointed as amicus curiae in the case, drew the court's attention to recent tragic incidents of student suicides at different institutions.

The court accordingly ordered that the Union of India, Amity, and other parties to file an affidavit, within two weeks for further directions.

Case Title: Courts On Its Motion In Re: Suicide Committed By Sushant Rohilla, Law Student Of I.P. University (W.P.(CRL)- 793/2017)