The Bombay High Court Bench of Chief Justice Alok Aradhe and Justice Bharti Dangre has refused to entertain a petition challenging the Bar Council of India’s (BCI) circular mandating criminal background checks for law students before issuing final marksheets.

The BCI’s September 24, 2024, circular requires law colleges to verify students’ criminal records, including pending FIRs and convictions, before awarding degrees. It also mandates biometric attendance, CCTV cameras in classrooms, and a declaration that students are not pursuing other courses or employment without an NOC.

The petition, filed by Mr. Ashok Yende, questioned the legality of the circular and argued that the circular is discriminatory, encroaches on universities' authority, and violates Articles 14 and 21 of the Constitution . It was also submitted that the implementation of this circular could lead to harassment, particularly for students falsely implicated in cases.

The Court prima facie found no unconstitutionality in the circular. The bench observed that dismissing the plea could foreclose the rights of genuinely aggrieved individuals. The bench was also of the opinion that the existence of a criminal case does not deprive one’s right to education, and they can still pursue their course.

While the petition was withdrawn, similar petitions are still pending before the Supreme Court, which has sought BCI’s response.

Case Title: Ashok S/O Ruprao Yende V. The Bar Council Of India Through Its Secretary., Pil(L)/38741/2024

BCI Circular