High Court Ruling Favors Students
In a recent decision, the Bombay High Court has granted permission for students of the Indian Law Society’s (ILS) Law College, who faced attendance shortages, to participate in their semester-end examinations. The case, known as Aniruddha Gaurav Gursal and Anr v. State of Maharashtra and Ors, was presided over by a Division Bench comprising Justices R.I. Chagla and Farhan P. Dubash. The Bench referenced a Supreme Court directive that offered protection to these students as a singular exception.
Supreme Court Directive
The Justices noted, “We find that the order dated 21st July 2026 of the Hon’ble Supreme Court applies to all the Petitioners before us, notwithstanding the shortfall in their attendance.” This ruling extends beyond the petitioners to include other students in similar circumstances who were unable to appear for examinations during the 2025–26 academic year solely due to insufficient attendance.
Wider Implications of the Ruling
The provision applies broadly and ensures that students who were mid-session when the Delhi High Court issued its decision in November 2025, are covered. Initially, the Delhi High Court had prohibited law colleges from barring students from exams based on low attendance. This was contested by the Bar Council of India (BCI), leading to a Supreme Court stay that prospectively put the Delhi ruling on hold. However, on July 21, the Supreme Court allowed a one-time exception for affected students.
Non-Restrictive Application
The Bombay High Court emphasized that this Supreme Court protection is not confined to any one region or specific student groups. It stated, “The order dated 21st July 2026 neither confines its operation to students within the territorial jurisdiction of the Delhi High Court nor excludes students studying in States where the concerned High Court had taken a contrary view.” Additionally, the ruling does not permit individual institutions to decide whether to extend this protection to their students.
Next Steps
As a result of this ruling, ILS Law College and the University have been directed to conduct supplementary exams within a four-week timeframe. Students who pass these exams will be eligible to enroll in the 2026-27 academic session.
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Future Legal Considerations
The Bench opted not to resolve the ongoing debate about whether the University’s condonation rules should set the minimum required attendance at 50% or 55%, leaving this issue open for future legal examination.
Legal Representation
The court proceedings involved a notable lineup of legal representatives. Senior Advocate Shiraz Rustomjee and Advocate Sharad Bansal served as amici curiae. Advocates Shailendra S. Kanetkar and Pranay Kothari represented ILS Law College, while the University Grants Commission (UGC) was represented by Advocates Rui Rodrigues, Milind Deshmukh, Shailendra S. Kanetkar, and Pranay Kothari. The BCI was represented by Advocates Prasad Gajbhiye and Rutuja Joshi. The State’s interests were defended by Additional Government Pleader (AGP) O.A. Chandurkar and Advocates V.G. Badgujar and Priyanka Chavan. The petitioners were represented by Advocates Amrut Joshi, Mohammad Khan, Ashraf A. Kapoor, Sumas Patel, Amit Icham, Chaitanya Purankar, Asmi Desai, Dr. Uday Warunjikar, Parth Deshpande, Aishwarya Tuwar, Madhavi Ayappan, Arushi Keniya, Kunal Shirgire, Prakash Yedage, and Vikas Kolekar.
