Supreme Court Intervenes in Attendance Dispute Affecting Law Students Nationwide
The Supreme Court of India, on July 21, provided significant relief to law students who faced academic barriers due to low attendance figures. This intervention follows confusion over attendance policies after a Delhi High Court decision led to widespread student debarments. The case in question, Prakruthi Jain v. Bar Council of India, saw a Bench comprising Justices Vikram Nath, Sandeep Mehta, and R Mahadevan address the issue.
The Court clarified its prior interim order which stayed the Delhi High Court’s ruling that had eased compulsory attendance requirements. This ambiguity resulted in numerous students being barred from their examinations. “The students who acted under a bona fide belief that mere shortage of attendance would not be an impediment to their appearing in the examinations for the ongoing academic session are entitled to the benefit of doubt as a one-time measure only,” the Court stated.
Controversy Stemming from Delhi High Court’s Judgment
The origin of this dispute lies in the Delhi High Court’s November 2025 judgment, which decreed that students should not be prevented from taking exams or advancing academically solely due to insufficient attendance. The Bar Council of India (BCI) initially instructed law institutions to adhere to the High Court’s decision pending a review of existing attendance regulations.
However, in May this year, the Supreme Court suspended the High Court’s directions prospectively. This led to numerous educational institutions halting students with attendance deficits from partaking in exams, prompting further legal challenges at the Supreme Court and various High Courts.
Supreme Court’s Directive and Future Implications
Recognizing the predicament of students caught in the transitional phase, the Supreme Court granted them protection. It noted that the Delhi High Court’s judgment had relaxed attendance norms and that the BCI had effectively endorsed those directions via its circular.
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The Court ordered, “Hence, we hereby direct and provide that the students whose academic session was ongoing when the judgment dated 3rd November, 2025 was rendered by the Delhi High Court, shall not be detained or prevented from appearing in the final examinations for the said academic session. The order dated 26th May, 2026 being prospective in its operation, the law students who are now facing an imminent consequence of loss of academic session on account of shortage of attendance shall not be prejudiced by the order passed by this Court and that they shall be permitted to appear in the final examination for the said academic session.” The Court also instructed that students who missed exams due to attendance issues should be allowed to take supplementary exams.
Continuing Legal Debate on Attendance Requirements
During the latest hearing, the Bench acknowledged the confusion caused between the Delhi High Court’s decision and the Supreme Court’s subsequent stay. Legal representatives for the students argued that the BCI’s actions following the High Court’s ruling contributed to the confusion. They pointed out that the BCI had directed universities to comply with the judgment, warning of possible repercussions for non-compliance.
Senior Advocate Mukul Rohatgi, representing NMIMS, asserted that the Delhi High Court’s judgment should not set a national precedent. The Bench responded by emphasizing the need for the Bar Council to assess the correctness of the High Court’s stance comprehensively.
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Meanwhile, Rohatgi opposed further relief, highlighting opposing decisions by other High Courts on attendance policies. Despite this, the Bench suggested that the overarching issue remains unresolved. It also addressed concerns that some universities were not honoring the Supreme Court’s prospective stay and were continuing to bar students from exams. The Court clarified its interim order to ensure that students affected during the interim period could sit for their exams.
The case is scheduled for another hearing on August 25.
