The main legal point established in the judgment is that in exceptional circumstances, the University has the authority to adopt alternative measures to satisfy course requirements, especially when students are genuinely unable to fulfill certain requirements due to unforeseen events such as the COVID-19 pandemic.

JUDGMENT :

Petitioners are students undergoing Five Year integrated B.com. LLB (Hons) course in the Government Law College, Ernakulam. They have joined for the course in the academic year 2016-2017 and the course is supposed to be over in the academic year 2020-2021. In terms of Rule 24 of Schedule II to the Rules of Legal Education framed by the Bar Council of India, internship is part of the curriculum of the course. Rule 25 of Schedule III to the Rules of the Legal Education provides that each registered student shall have completed a minimum of 20 weeks internship during the period of legal studies. It is clarified, however, in the said Rule that internship in any year cannot be for a continuous period exceeding four weeks. It is stated by the petitioners that they could complete, on an average, only 12 weeks internship during their course as none of the institutions prescribed in the Rules permitted internship during the last two years due to the outbreak of the pandemic, COVID -19. It is also stated by the petitioners that they will not be able to complete the remaining period of their internship before culmination of the course as there will be online classes for them before the pending semester examinations. It is alleged by the petitioners that if the term of the internship provided for in the Rules is not appropriately relaxed, the petitioners would not be in a position to complete their course. The petitioners, therefore, seek appropriate directions in this regard in the writ petition.

2. A statement has been filed by the Bar Council of India indicating, among others, that the grievance voiced by the petitioners is genuine and the University to which the college is affiliated is free to adopt any other appropriate measures which they may feel adequate to satisfy the requirements of the course.

3. Heard the learned counsel for the petitioners, the learned Standing Counsel for the Bar Council of India as also the learned Standing Counsel for Mahatma Gandhi University.

4. The learned counsel for the petitioners as also the learned Standing Counsel for the Bar Council of India reiterated the stand taken by them in their respective pleadings. The learned Standing Counsel for the University, however, pointed out that insofar as the Rules of Legal Education framed by the Bar Council of India remain intact, the University may not be in a position to adopt any other method to satisfy the requirements of the course.

5. I have examined the submissions made by the learned counsel for the parties on either side.

6. Rule 24 of Schedule II to the Rules of Legal Education framed by the Bar Council of India reads thus:

Moot court exercise and Internship: This paper may have three components of 30 marks each and a viva for 10 marks.

(a) Moot Court (30 Marks). Every student may be required to do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submissions and 5 marks for oral advocacy.

(b) Observance of Trial in two cases, one Civil and one Criminal (30 marks): Students may be required to attend two trials in the course of the last two or three years of LL.B. studies. They will maintain a record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.

(c) Interviewing techniques and Pre-trial preparations and Internship diary (30 marks): Each student will observe two interviewing sessions of clients at the Lawyer’s Office/Legal Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary, which will carry 15 marks.

(d) The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.

Rules 25 of Schedule II