The incident takes place against the backdrop of a recent ruling by the Delhi High Court that stated that a lack of attendance cannot be used as an excuse to keep law students from taking exams.
Twelve first-year students at Kashmir University's School of Law have alleged that, due to a lack of attendance, they were forcibly removed from the exam room on November 13 while taking their second end-semester exam.
The incident takes place against the backdrop of a recent ruling by the Delhi High Court that stated that a lack of attendance cannot be used as an excuse to keep law students from taking exams.
The students claim that in order to keep them from taking the test, police officers and university employees forcibly shoved and dragged them out of the exam room. The kids also claim that a proctorial team stopped them as they started a nonviolent demonstration.
Students told Bar & Bench that they attempted to get in touch with university representatives but have not yet heard back.
Classes for the first semester started on July 14. According to the students, the first-year end-semester exams are being held before the senior years, who have not yet been barred due to attendance issues. On November 13, they were able to present their first paper. Monday is the date of their upcoming paper.
On a class WhatsApp group, a note dated November 6 was sent, listing pupils who were not allowed to take exams because of low attendance. Nevertheless, regardless of attendance, all students received examination admit cards.
According to students who spoke with Bar & Bench, administrators told them that the recent Delhi High Court ruling in Re Sushant Rohilla has just persuasive value and is not legally binding on Jammu & Kashmiri institutions.
The Bar Council of India (BCI) was ordered by the Delhi High Court ruling to reconsider the mandatory attendance requirements for three-year and five-year LL.B. programs and to confer with stakeholders before making any changes.
The Court further ordered that no accredited college, university, or other establishment in India could prevent students from taking exams on the basis of attendance until the BCI conducted the consultations.
The BCI has approved Kashmir University's Department of Law's B.A. LL.B. program through the 2022–2023 academic year.
The lack of attendance has been excused by the principals of other colleges associated with Kashmir University, such as Kashmir Law College, Vitasta School of Law, Sopore Law College, and KC Education Foundation Law College. These colleges allowed their first-year students to take their exams.
At the time the story was published, Bar & Bench made many attempts to get a response from the Dean, but was unsuccessful.
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