Judicial Reforms
Subject : Law & Jurisprudence - Legal Education & Practice
New Delhi – In a significant judgment with far-reaching implications for legal education across India, the Delhi High Court has issued a comprehensive set of guidelines fundamentally altering the rules on student attendance, examinations, and mental health support in law colleges. The ruling, which stems from a suo motu public interest litigation initiated after the tragic 2017 suicide of a law student, aims to create a more supportive and equitable academic environment.
A Division Bench of Justices Prathiba M Singh and Amit Sharma delivered the landmark order, directly addressing the stringent attendance policies that have long been a source of immense pressure for students. The Court made it unequivocally clear that law colleges cannot prescribe attendance norms that are more rigorous than those set by the Bar Council of India (BCI).
"No attendance norms which are over and above the BCI regulations should be prescribed by law colleges," the Court stated.
The guidelines effectively dismantle the practice of barring students from semester examinations or withholding their progression to the next semester solely due to attendance shortages. Instead of such punitive measures, the Court has introduced a system of mark-based penalties. For colleges using a percentage-based marking system, a maximum of 5% can be deducted from a student's score for attendance shortfalls. For institutions following the CGPA grading system, the maximum deduction is capped at 0.33%.
The ruling was delivered while disposing of the suo motu PIL titled Courts on its own motion in re: Suicide Committed by Sushant Rohilla, Law Student of IP University . The case was initiated following allegations that Rohilla, a student at Amity University, was subjected to harassment and forced to repeat an entire academic year due to low attendance, which allegedly led to his suicide. Acknowledging the profound impact of the case, the Court commended the "enormous resilience" of Rohilla's family and friends in their fight for the cause. The Bench also praised the crucial contributions of amicus curiae, Senior Advocate Dayan Krishnan.
Mandating Proactive Support and Student Representation
The High Court's directives extend beyond attendance, focusing on creating robust institutional support systems. Key guidelines include:
BCI Directed to Enact Sweeping Reforms
The Bar Council of India, as the primary regulator of legal education, has been tasked with implementing several critical reforms. The High Court directed the BCI to amend its affiliation conditions for law colleges to include the mandatory availability of professional councillors and psychiatrists to support student mental health.
Furthermore, the BCI has been instructed to re-evaluate the mandatory class appearance requirements for both three-year and five-year law courses. The Court also stressed the need to formally recognize and "incorporate and give credit to moot courts" and other co-curricular activities within the academic framework.
Addressing a significant barrier for many aspiring lawyers, especially those from underprivileged backgrounds, the Court has directed the BCI to create a system for publicizing internship opportunities. This involves publishing the names of senior advocates, law firms, and other organizations seeking interns, thereby democratizing access to crucial practical experience.
This comprehensive overhaul by the Delhi High Court signals a paradigm shift in the governance of legal education, moving away from a rigid, punitive model towards one that prioritizes student welfare, mental health, and equitable access to opportunities.
Deals Desk: JSA, Khaitan & Co, TT&A and Kanga & Co Lead on Major Transactions
In a busy week for India's corporate law firms, several high-value transactions were closed across the banking, resources, and M&A sectors, highlighting robust activity in capital markets and strategic acquisitions.
JSA Advocates & Solicitors played a key advisory role in what is being hailed as "the largest equity fund raise in the Indian banking sector." The firm advised J.P. Morgan, the manager to the open offer made by Emirates NBD Bank (P.J.S.C.) to the public shareholders of RBL Bank Limited.
The transaction involves a preferential issue by RBL Bank for an amount not exceeding approximately USD 3 billion, coupled with an open offer sized at around USD 1.3 billion. The deal also sets a record as the largest fundraise via a preferential issue by any listed entity in India.
The JSA transaction team was led by Partner Anand Lakra , with support from Principal Associate Ami Shah , and Associates Janhavi Jagtap and Viraja Shah .
Vedanta Resources Finance II plc successfully issued $500 million in 9.125% guaranteed senior bonds due 2032. The offering saw overwhelming demand, recording over 3x oversubscription with final orders exceeding $1.6 billion from a diverse pool of global investors. The proceeds will be used to repay existing debts and for general corporate purposes.
A consortium of Indian and international law firms advised on the complex transaction:
Kanga & Co is advising on the upcoming Initial Public Offering (IPO) of Shankesh Jewellers. The firm is representing the issuer as well as the Book Running Lead Managers, Aryaman Financial Services Limited and Smart Horizon Capital Advisors Private Limited.
The transaction team is being led by Senior Partner Chetan Thakkar , supported by Principal Associate Tejal Patankar and Associate Meghna Sharma .
Tempus Law Associates represented Centillion Networks Private Limited in its acquisition by Osmose Utilities Services, Inc., a major US-based infrastructure services company. The deal was part of Osmose's broader global purchase of Centillion Solutions Inc.
The acquisition enhances Osmose's capabilities in delivering comprehensive fibre engineering and geospatial solutions. The Tempus Law team was led by Co-founder & Co-Managing Partner Sundari R Pisupati and Associate Partner Raghav Agarwal , with key support from Associates Utkarsh Sharma and Anup Joseph , and Company Secretary Rasika Jhawar .
#LegalEducation #StudentWelfare #DelhiHighCourt
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