Statutory authority has revealed its stand in affidavit before Bombay High Court in a PIL filed by an associate professor from a city-based law college
The petitioner has said that classrooms are sometimes even empty with students citing frivolous reasons for not attending. Representation Pic
The University Grants Commission (UGC) has reaffirmed the mandatory 75 per cent attendance requirement in law colleges, in a recently filed affidavit before the Bombay High Court. The affidavit was in response to a Public Interest Litigation (PIL) filed by an associate professor at a city law college. The law faculty had to move the high court as the varsity and Bar Council of India (BCI) did not take cognisance of her 26-page submission justifying the need for mandatory attendance in law colleges. The matter will be heard in the coming weeks. Mid-day was the first newspaper to mention her concern in the report ‘Law colleges ignore attendance, professor sounds the alarm’ dated June 3, 2023.
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The issue of concern
Dr Sharmila Ghuge of Jitendra Chauhan College of Law Vile Parle said, “It appears all law colleges are ignoring the basic thread required to weave the fabric of quality legal education. There are empty classrooms in all law colleges in Mumbai and I feel more concerned about the inaction on the part of law colleges and the university to comply with the attendance mandate.”
The petitioner Dr Sharmila Ghuge, associate professor Jitendra Chauhan College of Law, Vile Parle
“It is important that law students attend classes not merely for physical presence but to learn the theory they require to practise in courts. Internship teaches practical aspects, but that does not mean classes are not required. All students have an excuse that they intern/ work and hence cannot attend classes. This is totally unacceptable. The attendance issue needs immediate attention of the authorities and a sense of responsibility on the part of the students. Let's not produce law degrees but law graduates in the true spirit,” she said.
UGC response
An official of the rank of under secretary, recently submitted an affidavit, in response to the PIL before the Bombay High Court, stating, “Clause 5.8 of the UGC (minimum standards of instruction for the grant of the first degree through formal education) Regulations, 2003, states that the minimum number of lectures, tutorials, seminars and practical which a student shall be required to attend for eligibility to appear at the examination shall be prescribed by the university, which ordinarily shall not be less than 75 per cent of the total number of lectures, tutorials, seminars, practical’s, and any other prescribed requirements.”
BCI, varsity yet to respond
“The PIL advocating enforcement of the 75 per cent mandatory attendance rule was filed in January 2024, with notices issued to all respondents to provide their replies. The UGC has already responded reaffirming the non-negotiable nature of the 75 per cent attendance requirement. However, we are still awaiting responses from the BCI, the statutory authority overseeing legal education in India, which formulated the Legal Education Rules 2008 mandating this attendance threshold. Additionally, the University of Mumbai, which serves as the governing body for all its affiliated law colleges, is yet to submit its response. The matter is listed for October 9,” said Dr Ghuge.
Zero per cent attendance
“There are many students who have zero per cent attendance but still are issued hall tickets and are allowed to appear for their exams. Such a system is in place for many years which has decayed the teaching-learning process,” said Dr Ghuge.
Solutions recommended
1 The university should issue a fresh circular to all law colleges with a copy of the attendance ordinance, directing the colleges to comply with the same.
2 Universities should appoint/constitute a committee to visit law colleges once in a semester to check the attendance record in law colleges.
3 Colleges must follow an authentic way of marking attendance to avoid proxy signatures, etc.
4 Teachers must make endeavours to impart quality sessions to students so as to encourage students to attend classes.
5 All law college principals should put up a defaulters list on the college website and notice board.
6 Colleges should not allow students to appear for practical, internal and semester examinations if there is a shortfall of attendance.
7 Students should be allowed to intern only during vacation as prescribed by BCI and the same to be monitored by law colleges.
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