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2022 Supreme(Kar) 959

IN THE HIGH COURT OF KARNATAKA BENCH AT DHARWAD
S.G. Pandit, Anant Ramanath Hegde, JJ.
Karnataka State Law University - Appellant
Versus
Mahantesh & Ors. - Respondents
Writ Appeal No. 100319 of 2021 (EDN-RES)
Decided On : 15-02-2022

Advocates appeared:
Sri. Uday Holla, Senior Counsel a/w Sri. K.L. Patil, Advocate, for the Appellant; Sri. Dayanand M Bandi, Advocate, for the Respondent.

The main legal point established in the judgment is that evaluation is necessary for promoting law students, and the BCI's guidelines on examination mode are binding on the University.

Headnote:

Examination Promotion - Legal Education - 1961 Act, 2008 Rules - The court considered whether 2nd and 4th semester students of the three years' LL.B degree course could be promoted without examination. The BCI's role in setting standards for legal education and the University's obligation to conduct examinations were discussed. The court held that evaluation is necessary for promoting law students and that the BCI's guidelines on examination mode are binding on the University. The court allowed the appeal, set aside the previous order, and directed the University to determine the mode of examination as suggested by the BCI.

Fact of the Case:

The appeal concerned the promotion of 2nd and 4th semester students of the three years' LL.B degree course without examination. The petitioners sought evaluation based on internal assessment or postponement of the examination, but the relief granted was to promote the students without any evaluation.

Finding of the Court:

The court found that evaluation is necessary for promoting law students and that the BCI's guidelines on examination mode are binding on the University. The court allowed the appeal, set aside the previous order, and directed the University to determine the mode of examination as suggested by the BCI.

Issues: The main issue was whether the 2nd and 4th semester students could be promoted without examination, considering the impact of the Covid-19 pandemic on education.

Ratio Decidendi: The court held that evaluation is necessary for promoting law students and that the BCI's guidelines on examination mode are binding on the University. The court emphasized the importance of maintaining standards in legal education and the need for a regular and proper evaluation system.

Final Decision: The appeal was allowed, the previous order was set aside, and the University was directed to determine the mode of examination as suggested by the BCI.

JUDGMENT

1. The question as to whether 2nd and 4th semester students of the three years' LL.B degree course of the appellant-Karnataka State Law University could be promoted to next semester without conducting any examination or evaluation is for consideration in this appeal.

2. The petitioners, who are three years' LL.B degree students of different colleges were before the Writ Court in WP No.104008/2021 with the following prayers:

    i) Issue a writ of certiorari or any other order or in the form of direction to quash the Notification dated 22.09.2021 bearing No. KSLU/EXAM/2021-22/675(A) vide Annexure-m to the writ petition and also to quash the notification dated 4.10.2021 bearing No.KSLU/EXAM/2021-22 vide Annexure-N to the students are concerned in the interest of justice and equity.

    ii) Issue a writ of mandamus directing respondent No.2 to follow the guidelines of University Grants Commissioner of July 2021 vide Annexure-G followed by Karnataka University, Dharwad vide Circular dated 27.9.2021 vide Annexure-K and to promote the intermediate semester students to next semester and to evaluate their performance on the internal evaluation in the interest of justice and equity

    iii) or alternatively to issue a writ of mandamus directing the 2nd respondent to postpone the examinations held vide notification dated 4.10.2021 bearing No. KSLU/EXAM/2021-22 vide Annexure-N to the writ petition, insofar as 2nd and 4th-semester students are concerned, to afford sufficient time for the said students to prepare for the examination after completing the required syllabus to respective 2nd and 4th-semester courses.

    Thus in substance, the prayer is to conduct the evaluation based on internal assessment Or in the alternative, to postpone the examination scheduled in October 2021 and to afford sufficient time for the students to prepare for the examination. The relief granted in the impugned order is neither of the above prayers. In terms of the impugned order, there is a direction to promote the students of the 2nd and 4th semesters without conducting any kind of examination or evaluation.

    3. Today's Law students are the pillars of tomorrow's legal system including justice delivery system. Keeping this in mind, the question framed above is to be considered.

    4. The appellant was respondent No.2 and respondents 1 to 12 were the petitioners before the Writ Court in WP No.104008 of 2021.

    5. The parties to this appeal would be referred to as they stand before the Writ Court.

    6. The petitioners had contended in the aforesaid writ petition that Notification under challenge with regard to the conduct of examination to the intermediate semester students is arbitrary and violative of Articles 14 and 21 of the Constitution of India, for the reason that no proper education was imparted and imbibed to the students. The contention is raised on the premise that classes are not properly conducted on the prescribed syllabus during the Covid-19 pandemic due to lockdown. Thus, conducting the examination without proper coaching would be arbitrary. Further, the petitioners relied upon the decision of this Court in WP No. 14389/2020, dated 8.2.2021, wherein this Court directed the Karnataka State Law University (for short, 'University') to assess the students based on internal assessments to an extent of 50% and the remaining 50% of the marks based on performance in the previous semesters only (if available), insofar as even semester examinations are concerned. Respondent/University in the writ petition contended that based on the Press Release dated 10.6.2021 (Annexure-H), it is incumbent on the University to conduct examinations either Online/Offline/Blended/Online Open Book Exam(OBE)/Assignment Based Evaluation(ABE)/Research papers. It is stated that the University Grants Commission (for short, 'UGC') guidelines on examinations and academic calendar for the Universities in view of Covid-19 pandemic and subsequent lockdown issued therein would be subject to the advisories/di

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