Presence of Body But No Peace of Mind

The Delhi High Court has proposed the formation of a committee reconsider mandatory attendance and formulate uniform practices for attendance requirements for undergraduate and postgraduate courses. This order was issued by Justice Prathiba M. Singh and Justice Amit Sharma in coram, on August 21, 2024.

Facts of the case

The present case arose from the suicide of Sushant Rohilla, a student of Amity Law School, Delhi on August 10, 2016. On August 20, 2016, Raghav Sharma, a friend of the deceased, wrote a letter to the Chief Justice of India seeking intervention. The letter alleged that Sushant had been subjected to severe harassment by the institution and some faculty members due to low attendance, which led to him being forced to repeat an academic year in his B.A.LL.B. course. The letter petition requested the formulation of rules and regulations to prevent such tragedies in educational institutions across the country.

The letter was treated as a writ petition by the Supreme Court, and on February 6, 2017, the Founder President of Amity Law School was directed to file an affidavit. The case was subsequently transferred to the Delhi High Court on March 6, 2017. Following this transfer, notices were issued to Guru Gobind Singh Indraprastha University (GGSIPU), Delhi, and later, on May 24, 2019, to various universities and regulatory authorities.

Core Issue: Mandatory Attendance Requirements

The central issue identified by the Court is whether mandatory attendance should be enforced in undergraduate and postgraduate courses. The Court highlighted that this issue extends beyond any specific institution and deserves to be addressed at a broader level, considering the historical context in which mandatory attendance has been prescribed by regulatory bodies and universities.

The Court observed that teaching methods have evolved significantly, especially post-COVID-19, with the increasing prevalence of virtual classes and online examinations. This shift calls into question the relevance and necessity of mandatory attendance requirements in the modern educational landscape.

Considerations Highlighted by the Court
  1. Changing Educational Paradigms: The Court recognized that education has moved beyond traditional classroom settings and textbook learning. Practical skills, emphasized through programs like Skill India, have gained importance, suggesting that attendance should not be the sole measure of a student’s engagement or competence.
  2. Mental Health Concerns: The Court underscored the need to consider the mental health of students, which can be adversely affected by stringent attendance norms. This calls for a reconsideration of whether attendance requirements should be mandatory or if alternative standards should be established.
  3. Grievance Redressal Mechanisms: The Court emphasized the importance of establishing effective grievance redressal mechanisms within educational institutions to address issues like those that led to this case.
  4. Differentiation Between Courses: The Court suggested that a distinction might be necessary between professional and non-professional courses concerning attendance requirements.
  5. Socioeconomic Factors: The Court acknowledged that many students, particularly in urban areas, juggle employment alongside their studies. This dual responsibility must be factored into any re-evaluation of attendance policies.
  6. Urban vs. Rural Disparities: The Court noted that attendance requirements might need to be adapted based on whether students are in urban or rural settings, given the varying levels of access to technology.
  7. Global Practices: The Court highlighted the need to analyze global practices in leading educational institutions to determine whether mandatory attendance is necessary and what best practices can be adopted.
  8. Consultation with Stakeholders: The Court stressed the importance of consulting with teachers, students, and other stakeholders to develop a well-rounded and meaningful attendance policy.

Court’s Directive

In light of these considerations, the Court proposed the formation of a committee to study all relevant factors and submit a report. The committee’s findings would help establish uniform practices for attendance requirements in undergraduate and postgraduate courses across the country.

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