$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010229672026 + W.P.(C) 7045/2026 ASHITA SHARMA .....Petitioner Through: Ms. Zeba Khair, Mr Sanjay Kumar, Mr Harsh Nath Tiwari, Mr. Parth Chhabra, Advs. versus BAR COUNCIL OF INDIA & ORS. .....Respondents Through: Mr.Preet Pal Singh, Ms Simran Kumari, Mr. Virat Raj Mishra, Advs. Mr Rishi Sood, Mr Tushar, Advs. for R2 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 29.09.2026 CM APPL. 34547/2026 & CM APPL. 50203/2026 Exemptions allowed, subject to all just exceptions. The applications are disposed of. W.P.(C) 7045/2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 12:17:48 “a) Issue an appropriate writ, order or direction thereby setting aside the impugned action of the Respondent University detaining/debarring the Petitioner on account of shortage of attendance and direct that the Petitioner shall not be debarred on the said ground; b) Issue an appropriate writ, order or direction directing the Respondents to permit the Petitioner to continue with Semester IX and maintain her academic continuity; c) Issue an appropriate writ, order or direction directing the Respondents to permit the Petitioner to appear/reappear in Semester VIII examinations/re- examination so that the Petitioner’s academic year is not wasted; d) Issue an appropriate writ, order or direction directing Bar Council of India to issue appropriate guidelines/circulars in light of the judgment passed in Court on its Own Motion in Re: Suicide Committed by Sushant Rohilla, Law Student of I.P. University, W.P.(CRL.) 793/2017, regarding non-mechanical detention/debarment of students on attendance grounds. ...” 2. The brief facts of the case are that the petitioner is a student of VIIIth semester of B.A.LL.B. Course at the respondent No. 2 University. The petitioner was maintaining attendance of about 60% to 70% prior to April, 2026. 3. Thereafter, the petitioner suffered a serious health episode and her This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 12:17:48 deteriorating physical and mental health condition led to her being hospitalized from 14.04.2026 to 03.05.2026. 4. Thereafter, the petitioner underwent continued psychiatric treatment because of which her attendance percentage fell below the threshold. Since, the petitioner was not permitted to take examination for the VIIIth semester and backlog of VIth semester, the present petition has been filed. 5. Mr. Sood, learned counsel for the respondent No. 2, draws my attention to the counter affidavit and states that the respondent No. 2 requires a minimum attendance of 85% and in order to be considered eligible for medical leave a student is required to maintain an attendance of 75%. Since the petitioner did not meet the threshold, the medical condition of the petitioner was not considered. 6. After hearing the parties, I am of the view that the petitioner suffered a serious medical condition, requiring continuous hospitalization for about three weeks. 7. The requirement of a minimum 75% to be considered for availing medical leave seems to be harsh, as a candidate may be requiring medical treatment for more than 25% of the required attendance. 8. The petitioner is a meritorious student and the shortfall of attendance in the VIIIth semester can always be directed to be made up in the subsequent semester by requiring the petitioner to submit a bond to make up such shortfall in attendance. 9. The Court under Article 226 of the Constitution of India has power to do substantial justice between the parties. For the said reasons, the petition is disposed of with the following directions:- (a) The respondent No. 2 shall treat the present petition as a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 12:17:48 representation and consider the same sympathetically keeping in view the continuous medical condition of the petitioner which required hospitalization and subsequent psychiatric treatment. (b) The representation shall be disposed of expeditiously within 1 week from date of uploading of this order and consequential benefits shall be given to the petitioner. 10. Needless to state in view of the directions issued above, the Court has not interfered with the Promotion Policy. JASMEET SINGH, J SEPTEMBER 29, 2026/AS (corrected and uploaded on 07.10.2026) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 12:17:48