New Delhi: Observing that there is an imminent need to have reconsideration of mandatory attendance requirements, the Delhi High Court has said that it intends to form a committee and to place a report before it so that certain uniform practices can be evolved for undergraduate and postgraduate courses in respect of attendance requirements.
A bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that this issue deserves to be addressed at a much higher level rather than restricting it to any specific course/college/university/institution.
Teaching methods have substantially changed post COVID-19: High Court
“Regulatory bodies as also some universities have in their statutes/ordinances, historically, prescribed mandatory attendance requirements. In the opinion of this Court, the same may require reconsideration, especially bearing in mind the teaching methods which have substantially changed including post the COVID-19 pandemic. In recent times, it is not unusual for colleges and universities to hold classes virtually, to hold examinations virtually or via online platforms,” the bench said.
The High Court said that the issue of mandatory attendance is also a cause for concern in the younger generation who perceive the mandatory attendance in a completely different manner than was traditionally thought.
Education is no longer restricted to class room teaching or text book education: High Court
“Education is no longer restricted to class room teaching or text book education and, in fact, has been extended to more practical areas. Addition of skills has been given greater focus in recent times through programs such as Skill India, for e.g., through the National Skill Development Corporation (NSDC),” the High Court said.
High Court was hearing a suo motu case initiated after law student Sushant Rohilla committed suicide
The High Court was hearing a suo motu case initiated after Sushant Rohilla, a student of Amity Law School, Delhi, committed suicide. A friend of Sushant Rohilla had written a letter to the Chief Justice of India in August 2016 seeking help and assistance for the sister of Sushant Rohilla. The letter alleged that the deceased had been subjected to harassment by the institution and some faculty members, for maintaining low attendance. The letter prayed for appointment of a committee and for formulation of rules and regulations for all colleges and institutions of higher education across the country. The Supreme Court later transferred the matter to the High Court.
Mental health of students is also affected due to the mandatory attendance norms: High Court
The High Court further said that the mental health of students, which is also affected due to the mandatory attendance norms needs, to be borne in mind while reconsidering attendance requirements and the role of grievance redressal mechanisms in educational institutions and their establishment is required to be streamlined. It is not uncommon for youngsters who finish school to also be employed and parallelly pursuing education in order to support themselves and their families. Such situations also need to be borne in mind, it added.
“There is an imminent need, therefore, to have reconsideration of norms of attendance in general, whether it ought to be made mandatory at all or what should be the minimum required standards of attendance or should attendance be encouraged rather than penalties being imposed for lack of attendance etc,” the High Court said.
Attendance may have to be positively encouraged rather than shortage being penalised by debarring from exams: High Court
The High Court further said that attendance requirements may or may not be the same in urban and rural areas where technology may not be fully permeable and attendance may have to be positively encouraged rather than shortage being penalised by debarring from exams etc.
It also said that global practices followed by leading educational institutions around the world would also need to be analysed to see whether mandatory attendance requirements are even required. Teachers and students need to be consulted in order to consider what should be the standards of attendance and wider consultation would also be required to be undertaken to have a relook at the need to have mandatory attendance, it added.
“In these circumstances, this court intends to form a Committee to study all the above factors and to place a report before the Court so that certain uniform practices can be evolved for undergraduate and postgraduate courses in respect of attendance requirements,” the High Court said while issuing notices to the Centre, AICTE, National Medical Commission, Department of Education and other stakeholders for making their submissions on the issue.
The matter has been listed for further hearing on September 9.