Two law students move Karnataka High Court challenging BCI, KSLU decision to hold intermediate semester exams

Two law students have approached the Karnataka High Court challenging circulars issued by Karnataka State Law University (KSLU) and the Bar Council of India (BCI) mandating the conduct of intermediate semester examinations fo this year (Rithvik Balanagraj B v. BCI)..The petitioners have submitted that the circulars are in violation of the guidelines laid down in this regard by the University Grants Commission (UGC) and the Karnataka government. .The petition states that on April 27 this year, the UGC had issued guidelines on examinations and the academic calendar for universities wherein it was suggested that grading of students could be done on the basis of internal evaluation and performance in the previous semester, with 50 per cent weightage for each. .Subsequently, the BCI on June 9 issued a press release recommending that law universities conduct examinations for intermediate semester students after reopening of colleges/universities. .The petitioners contend that conducting an examination after the universities reopen, when the students are already in the next semester, is beyond the scope of the UGC guidelines..It is further submitted that on July 7, the UGC clarified that the guidelines regarding conduct of intermediate semester examination will remain unchanged owing to the rise in the number of COVID-19 cases. .In line with the UGC guidelines, the state government had, on July 10, clarified that all the state universities are to evaluate all intermediate semester students based on on internal evaluation and on the basis of performance in the previous semester. .The KSLU, however, issued a revised academic calendar on July 16, notifying the commencement of intermediate semester examinations from October 2020, the petition highlights. .It is the petitioners' case that this was in complete deviation from the UGC guidelines and the state government order dated July 10. .Raising various concerns such as inaccessibility and affordability with respect to attending online classes, it has been submitted that only privileged students would be able to participate in online classes arranged by KSLU. .Therefore, the petitioners have claimed that the decision to conduct an examination has a disproportionate and adverse impact on the students who were unable to attend classes in online mode..Further, on November 1, the BCI issued a press release effectively permitting all law universities to conduct physical examinations for the intermediate semester students, the plea points out. .It also said that if any students are unable to appear for the physical exam, then those students, without being penalized, will be entitled to take a re-examination that will be held within one month after the physical re-opening of the university..Based on this, KSLU notified intermediate semester examinations from November 23. The University also clarified that intermediate semester students of all KSLU affiliated law universities are mandatorily required to appear for these exams..The petitioners have vehemently opposed the conduct of the intermediate exams, arguing that the guidelines issued by BCI is not in consonance with the guidelines issued by the UGC.."The guidelines issued by the Bar Council of India, to the extent that it grants permission to the law universities to conduct physical examinations for intermediate students and deviates from the University Grants Commission guidelines, differentiates between Law students and Non-law Students as the non-law students are promoted based on the 50-50 aggregate of internal marks of the semester and marks scored in previous semesters."Plea filed before Karnataka High Court.The petitioners had submitted their grievances to both the BCI and the State government, but did not receive any response. This prompted them to move the High Court. .On the grounds mentioned above, the plea seeks quashing of the KSLU circular dated November 9 and BCI Press Release dated November 1. .This apart, the plea also prays for enforcement of the state government order dated July 10 which is in line with the UGC guidelines on examinations. .Karnataka HC allows withdrawal of plea challenging conduct of intermediate semester examinations by Karnataka State Law University.In August, the High Court had dismissed a petition challenging the conduct of intermediate semester examinations by KSLU, scheduled for October..The Court had, however, had granted liberty to the petitioner to file an individual petition..Karnataka State Law University intermediate exams postponed, final year exams to be held online: Law Minister JC Madhuswamy.Shortly thereafter, the Karnataka Law and Parliamentary Affairs Minister JC Madhuswamy had confirmed that the KSLU intermediate exams would be postponed owing to the COVID-19 situation in the state..[Read plea here]