Bombay High Court Grants One-Time Exam Relief to All Law Students With Attendance Shortfall

The Bombay High Court has ruled that the Supreme Court's one-time protection for law students facing attendance shortfall during the academic year 2025-26 applies to every student barred from semester-end exams—not just those in their final year. The division bench of Justice R.I. Chagla and Justice Farhan P. Dubash directed the Savitribai Phule Pune University and ILS Law College to conduct supplementary examinations within four weeks for eligible students who missed their exams due to insufficient attendance.

The Dispute: 41 Students, Attendance Between 46% and 54%

Around 41 students pursuing the three-year and five-year law courses at ILS Law College, Pune, were prevented from appearing for their semester-end examinations in 2025-26. Their attendance ranged from 46% to 54.37%, falling short of the required minimum. Although they had submitted examination forms and paid fees, their admit cards were withheld. The college, citing Rule 12 of the Legal Education Rules and Ordinances 68 and 70 of the University, refused to condone the shortage.

The Legal Backdrop: From Delhi High Court to Supreme Court

The controversy traces back to a Delhi High Court judgment dated 3rd November 2025 in Sushant Rohilla , which directed that no law student should be detained for attendance shortage pending a review by the Bar Council of India. The Supreme Court stayed that direction prospectively on 26th May 2026, but on 21st July 2026, it granted a one-time protection to students whose academic session was ongoing when the Delhi High Court rendered its judgment. The apex court clarified that these students could not be barred from appearing in the final exams of that academic session and allowed supplementary exams if needed.

Petitioners' Arguments: Broad Application of the SC Order

The students argued that the Supreme Court 's order was not limited to final-year students. They contended that the phrase "final examinations for the said academic session" referred to the exams concluding each academic session, irrespective of the year of study. They also stressed that a student in an earlier year would similarly lose an entire academic session if barred, and thus the one-time benefit should extend to all semesters.

College's Stand: Relief Only for Final-Year Students

ILS Law College countered that the Supreme Court's protection was meant only for students who faced the imminent loss of completing their entire law course. The college also asserted that students in Maharashtra could not claim a bona fide belief in the Delhi High Court judgment, since the Bombay High Court had earlier taken contrary views in cases like Unnati Rawat and Kushagra Vijay Agrawal . Moreover, the college argued that the relief was not available to students who had not independently approached a court.

Court's Interpretation: 'Final Examination' Means Concluding Exam of the Academic Session

The bench rejected the college's narrow reading. It held that the term "final examination" in the Supreme Court's order describes the examination that concludes a particular academic session, not the terminal year of the law course. The court observed:

"The expression 'final examination' describes the examination concluding the concerned academic session; it does not describe the terminal year or terminal semester of the student's entire law course."

The court also noted that the Supreme Court repeatedly connected the examination to the "said academic session" and provided for supplementary exams "for this session only." Any year-wise or semester-wise restriction would be an addition the Supreme Court never imposed.

No Individual Proof of Reliance Needed

Dismissing the college's contention that each student must show they personally relied on the Delhi High Court judgment, the court said the Supreme Court had set objective criteria: the student's academic session was ongoing on 3rd November 2025, and the student was facing detention due to attendance shortage. No further subjective test was prescribed.

The court also rejected the argument that Maharashtra students could not claim a bona fide belief. It noted that the Supreme Court was aware of six High Courts taking contrary views yet still extended the protection without carving out territorial exceptions.

Relief to All Similarly Situated Students

The court clarified that the benefit extends to all students of the college who were barred solely due to attendance shortage, even if they did not approach the court. However, students whose proceedings had already been finally concluded before 21st July 2026 were excluded, with their remedies left open.

Directives: Supplementary Exams Within Four Weeks

For students who had already appeared under interim orders, the court confirmed their results and academic progression. For those who could not appear, the University and the college were directed to conduct supplementary exams within four weeks of the judgment's upload. Upon passing, these students would be eligible for admission to the 2026-27 academic year.

Attendance Rules Remain Intact for Future

The court emphasised that this is a strictly one-time measure confined to the 2025-26 session. It does not dilute Rule 12 of the Legal Education Rules or Ordinances 68 and 70 for any other academic year. The larger question of whether the 20% condonation under Ordinance 70 applies to the 70% rule or the 75% requirement was left open for an appropriate case.

Key Observations

  • "The controlling words are those which connect the examination to the particular academic session which was ongoing on 3rd November 2025 ."
  • "If the Hon'ble Supreme Court intended to protect only students in the final year or final semester of the law course, it could readily have said so."
  • "This Court cannot add to or subtract from the class of beneficiaries expressly identified by the Supreme Court ."

The bench disposed of all petitions and refused the college's request for a stay, ensuring the students can proceed with their academic journeys without further delay.