On Wednesday, the Supreme Court agreed to examine a crucial question affecting legal education across the country: whether law students can be prevented from appearing in examinations solely due to a shortage of attendance. While hearing a challenge to a Delhi High Court ruling that protected students from being detained over low attendance, the Court issued notice in the matter but declined to stay the judgment for now, signalling that the larger legal position on mandatory attendance norms in law colleges remains open for authoritative determination.
The case arose after Narsee Monjee Institute of Management Studies (NMIMS) challenged a November 2025 judgment of the Delhi High Court, which held that students enrolled in recognised law institutions could not be stopped from taking examinations merely because they fell short of attendance requirements.
Appearing for NMIMS, Senior Advocate Mukul Rohatgi argued that the ruling had effectively diluted attendance rules and triggered a wave of litigation from students seeking permission to sit for exams despite inadequate classroom participation. The institution maintained that legal education, especially in integrated five-year law programmes, depends heavily on classroom lectures, tutorials, moot courts, and practical training, which cannot be replaced entirely through internships or extracurricular activities. Reliance was also placed on Rule 12 of the Bar Council of India Rules on Legal Education, 2008, which prescribes a minimum attendance requirement while permitting limited condonation in exceptional situations.
The Bench, comprising Justice Vikram Nath, Justice Sandeep Mehta, and Justice Vijay Bishnoi, expressed concern over the possible impact of the High Court’s reasoning on institutional discipline and professional legal education. The Court orally remarked that if the interpretation adopted by the High Court were accepted broadly, National Law University hostels could become just boarding and lodging facilities. Refusing an interim stay, the Bench nevertheless clarified, “We are not suspending that order. We will hear the matter, decide and lay down the correct position of law.”
The matter has now been tagged with pending petitions concerning the Bar Council of India regulations governing attendance compliance and other disclosure requirements for law students.
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