HOW SHOULD LAW SCHOOLS CHANGE ATTENDANCE NORMS?

 Background and Context

• Case Origin:
  The case stemmed from the tragic suicide of a law student, Sushant Rohilla (2016), who was barred from taking exams due to attendance shortage at Amity Law School, Delhi.

• Judicial Intervention:
  The Delhi High Court, treating the case as a matter of public interest, examined whether the attendance enforcement mechanisms in universities complied with constitutional principles of fairness, proportionality, and reasonableness.

• Broader Significance:
  The judgment has far-reaching implications for student welfare, university governance, and the balance between academic autonomy and constitutional accountability.

Core Issue Before the High Court

• The Court clarified that attendance rules themselves were not under challenge.

• The key concern was how these rules were implemented — often mechanically and without procedural safeguards.

• Many institutions automatically debarred students once their attendance fell below prescribed levels, without:

  • Prior warning or counselling,

  • Opportunities for representation,

  • Consideration of mental health or medical conditions.

• The Court observed that such rigid enforcement violated procedural fairness and the constitutional right to life and dignity (Article 21).

Constitutional Dimensions of the Judgment

• Article 14 – Non-Arbitrariness:
  Universities, as public authorities, must act reasonably, fairly, and in a non-arbitrary manner.

• Article 21 – Right to Dignity and Well-being:
  Attendance enforcement must respect the mental health, dignity, and due process rights of students.

• Doctrine of Proportionality:
  Punishment or disciplinary measures must be proportionate to the infraction. Mechanical debarment was found disproportionate to mere attendance shortfall.

• Academic Autonomy within Constitutional Discipline:
  While universities enjoy autonomy, their actions must align with constitutional values of fairness and justice.

 The Court’s Stance on Attendance Rules

• The Court did not invalidate attendance requirements.

• It upheld the Bar Council of India’s Rule 12 of Legal Education Rules (2008):

  • Minimum 70% attendance, relaxable to 65% in exceptional cases.

• However, it termed the framework “extremely strict” and recommended reconsideration in light of:

  • National Education Policy (NEP), 2020 – advocating flexibility and learner-centric education.

  • UGC Regulations, 2003 – promoting student participation and mental well-being.

• The Court emphasized that attendance should not become an exclusionary or punitive tool but a means to encourage academic engagement.

 Procedural Safeguards Mandated by the Court

Universities must adopt a fair, transparent, and student-centric approach:

1. Timely Communication:

   • Weekly attendance updates on portals or notice boards.

   • Monthly notices to students and guardians about shortages.

2. Counselling and Support:

   • Regular counselling sessions for students with low attendance.

   • Flexible opportunities to make up shortfall via:

     • Extra classes,

     • Home assignments,

     • Recognised academic work (legal aid, internships, moots).

3. Recognition of Genuine Hardship:

   • Consider medical, mental-health, or family emergencies.

   • Maintain records of all such representations.

4. Right to Representation:

   • Before debarment, the student must receive notice and a real opportunity to respond.

   • Debarment should be a last resort, not a routine penalty.

Implications of the Judgment

Institutional Implications:

• Establish Grievance Redressal Committees with student participation.

• Ensure decisions are reasoned and documented.

Cultural and Pedagogical Shifts:

• Move from attendance policing to academic engagement.

• Recognize experiential learning (moots, legal aid, research) as valid participation.

Regulatory Impact:

• The Bar Council of India must revisit Rule 12 to align with NEP 2020.

• Law schools cannot impose stricter norms than BCI-prescribed standards.

Conclusion

The Sushant Rohilla judgment is a milestone in higher-education reform. It harmonizes academic discipline with constitutional compassion. The Court reminded universities that their foremost duty is not merely to regulate attendance but to nurture well-being, fairness, and dignity — the essence of constitutional morality in education.

MAINS QUESTION

• “Academic autonomy must operate within constitutional discipline.” Discuss this statement with reference to the Delhi High Court’s judgment in In Re: Suicide Committed by Sushant Rohilla (2025).