Bombay HC Dismisses PIL Seeking Direction To Mumbai University For Enforcing 75% Attendance In Law Colleges

Mumbai: The Bombay High Court on Thursday dismissed a public interest litigation (PIL) petition seeking directions to the Mumbai University to strictly enforce and ensure compliance with the 75% attendance rule in law colleges in accordance with the applicable laws, rules and regulations.

The court noted that the petitioner had failed to provide specific details to support allegations that students were being allowed to attend exams without sufficient attendance.

A bench of Chief Justice Alok Aradhe and Justice MS Karnik dismissed the PIL by Sharmila Ghuge, a full-time faculty member of the Jitendra Chauhan Law College, saying that the petitioner failed to provide particulars of names of colleges and students who were flouting the 75% attendance rule.

“The petitioner, who is an employee of Jitendra Chauhan College of Law has not even disclosed the names of students in her own college who are appearing in the examination without compliance with the aforesaid mandatory requirement,” the bench said.

Advocate Sumit Khanna, representing Ghuge, explained that no particulars had been filed as authorities under the Right to Information Act (RTI Act) refused to give such information.

The judges then said that the petitioner should then file an RTI appeal while emphasising that it cannot delve into the issue unless the petitioner is able to show such information. “This can't be a roving inquiry,” the bench added.

“In the absence of any material particulars and in the absence of names of colleges or the students who are appearing in the examination without compliance with the aforesaid mandatory requirement, we are not inclined to entertain the PIL,” the court said while dismissing the PIL. The court, however, granted liberty to the petitioner to file a fresh petition after obtaining better particulars.

The plea contended that the low attendance is primarily because of students interning with law firms or being employed while pursuing their law degrees, compounded by the lack of action on the part of law colleges and university authorities to enforce attendance requirements.

In the first week of the academic year, only 50% of the newly-admitted students attend the lectures and it further decreases to 30% in the second week. In subsequent weeks there is hardly 10% attendance, the plea claimed.

Ghuge claimed that she has sent several letters to the MU, BCI and UGC over non-compliance of the attendance rule. However, she has not received any response, prompting her to file the PIL.

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