Karnataka HC allows KSLU to conduct examinations or evaluation of students as condition for promoting them to next semester
The Karnataka High Court allowed the Karnataka State Law University (KSLU) to conduct examinations or evaluation of students as a condition for promoting them to next semester.
Background
The Single Judge on considering the rival contentions of the parties under the impugned order, quashed the Notification under challenge and directed the respondent/University to promote the petitioners to next semester in the light of the order passed by the Court. Assailing the said order, the respondent/University is in appeal before the Court under Section 4 of the High Court of Karnataka Act, 1961.
Arguments
Uday Holla, Senior Counsel appearing on behalf of appellant/University, submitted that the action of the appellant/University to conduct examinations is in tune with the press release. BCI constituted the High-Level Experts Committee to consider the mode of intermediate semester examinations/evaluation and promotion of intermediate LL.B Students and also to consider evaluation of the mode of examination before issuance of degree for Final Year Law Students.
He argued that the committee after detailed deliberation directed the Universities to determine the mode of examinations i.e. Online/Offiline/Blended/Online Open Book Exam/Assignment Based Evaluation/Research papers.
Advocate N. Khetty, appearing for the petitioners/students, contended that in an extraordinary situation of Covid-19 pandemic when the lockdown was declared in April 2021, which was continued up to July 2021, no classes were conducted to impart the education and the students were not able to imbibe the syllabus prescribed for the semester. In that situation, conducting an examination for promoting the students to the next semester or to issue an LL.B degree would be unfair and unreasonable.
Decision
The division bench of Justice S.G. Pandit and Justice Anant Ramanath Hegde stated that the development of a good legal system depends upon qualitative legal education imparted through various legal institutions and universities. Qualitative legal education is to be imparted to the students of the law taking into account the needs of the society with the changing times.
The court said that the legal system of a county is a part of its social system and it reflects on social, political, economic and cultural characteristics of that society. Legal education is the foundation for the development of rule of law.
The court noted that on the recommendation of the High-Level Expert Committee, the University/Centres of Legal Education are given the option to determine the mode of examination which could be Online/Offline/Blended/Online Open Book Exam/Assignment Based Evaluation/Research paper.
The court quashed and set aside the order passed by the Single Judge of the Court and directed the Respondent/University to determine the mode of examination i.e. Online/Offline/Blended/Online Open Book Exam(OBE)/Assignment Based Evaluation (ABE)/Research papers, as suggested by the BCI under its press release and other relevant documents within ten days from the date of web hosting the present order.
Case title: Karnataka state law University v/s Mahantesh and Ors.
Citation: WRIT APPEAL No.100319 OF 2021 (EDN-RES)
