Bar Council of India has clarified that all LL.B Students Except Final Year Students, shall be promoted on the basis of marks obtained in last semester or internal assesment.
The Bombay High Court at Goa Bench, passed an Order on 29.09.2020, in the case of Siddhant Ramakant Shetye Vs. State of Goa and Ors.
By the order mentioned above the Bombay High Court asked that Whether under the Regulations of BCI, is it mandatory to conduct Physical Examination. Further, it was also asked that, whether the rules permit the examination through online mode.
Given the aforesaid order, the Bar Council of India held a meeting on 05 October 2020, in which Clarification has been issued.
The Clarification states that- All Students, except students of Final Year, will be promoted based on marks obtained in the previous year and the marks obtained in the internal exam of this year.
It has also been clarified that the Universities/colleges shall conduct the end semester examination, after re-opening of the Institutions. Such exam shall be conducted concerning the year from which students have been promoted.
Further, in case the promoted student fails to clear the end semester examination, then he shall have to pass the same before the degree is awarded.
For Students who have been promoted to the final/last year of LL.B, they have to pass all the exams in order to get their degree.
The Bar Council of India referred to the Rules of Legal Education 2008 and observed that the rules do not allow an online examination. The only exception is for Final Year students of LL.B.
Bar Council has mentioned that the Universities and Colleges have been allowed to adopt a full-proof method under the COVID-19 Pandemic situation.
The Above measures have been taken by the BCI, keeping in view the interest of the LL.B Final Year Students. The purpose of conducting the exam or providing the alternate assessment is to prevent loss of an academic session.
BCI has made a laudable effort to protect the future of LL.B. Students in obtaining their degrees and starting their career.
However, the promotion of students other than Final Year LL.B is subject to the examination being held within one month of re-opening of colleges.
The resolution further states that in case the student is unable to clear the examination, his promotion would not be affected. Such students will be given the opportunity to clear all appears before getting a degree.
BCI has taken the decision considering the ground realities of COVID 19 Pandemic.
A reference was made to the Judgment dated 28.08.2020 of the Supreme Court of India. In this Judgment Supreme Court provided that the State National Disaster Management Authorities can request for postponing the exam amidst pandemic.
Therefore, the Bar Council of India has resolved that No Physical Exam shall be conducted until the physical reopening of colleges.