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MINUTES OF THE MEETING

WHEREAS, the Vice-Chancellor vide Office Order No. Q/NLIUB dated 26-05-2020 has
constituted a Grievance Redressal Committee consisting of the following to look into grievances
of the students regarding the Examination and Evaluation.

1. Dr. Ghayur Alam, Dean UG Studies Chairman,

2. Dr. Rajiv Khare, Dean PG Studies Member,

3. Dr. U.P. Singh, Dean Students’ Welfare Member,

4. Dr. Raka Arya, Chairperson Examination Committee Member, and

5. Dr. Sushma Sharma, Associate Professor Member.

AND WHEREAS, the Examination Section has issued notifications in the months of August and
September 2020 regarding the mode of Mid Term Examinations through online mode and the
guidelines for submission of project works for the students of II, III, IV and V years of B. A. LL.
B. (Hons.) and II year of MCLIS Courses.

AND WHEREAS, after the aforesaid notifications various representations have been received
from the students of aforesaid Courses.

AND WHEREAS, a meeting of the Grievance Redressal Committee was held at 2:30 pm on 18
September 2020 through Cisco Webex to discuss the concerns expressed by the students. All the
Members of the Committee attended the meeting. The Chairman welcomed the Members of the
Committee and proceeded to conduct the business of the Committee.

AND WHEREAS, the Committee after going through the representations received from the
students noted that the following concerns are common in all the representations:

I. Internet connectivity and online examinations,

II. Similarity Check of Projects through Turnitin software, and

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III. Open Book Examination model adopted by Delhi University for conducting the
examinations in which question paper is given earlier and the scanned answer
sheets are uploaded for evaluation.

The Committee had a detailed deliberation on all the concerns. Deliberation and
recommendation of the Committee are as under:

I. Internet Connectivity and Online Examinations


The Committee discussed several options for conducting the examinations through online mode
like multiple choice questions, short answer questions and open book examinations. The
Committee also noted that all the students are attending their daily classes through the online
mode only and asked a question to itself that if classes can be attended by the students through
online mode what can be the problems in holding the examinations through online mode. On this
point the Committee noted that there is a marked difference between attending a class through
online mode and conducting examinations through online mode. So far as classes are concerned
and if a student has no internet connectivity or low internet connectivity Cisco Webex allows
attending the classes through audio by a Toll Free number. Further, students may listen the
recorded and uploaded lectures and contact the teacher concerned if he/she has missed a class. In
case of online examinations, audio facility through Toll Free number or recorded lectures are not
going to help. Recently NLSIU, Bangalore conducted NLAT in online mode that too through a
proctored examination software. Some applicants were not able to take the NLAT because of
several reasons. A second NLAT was to be organized. Reports of leakage of question paper of
second NLAT in various newspapers and social media are eye opener for everyone. The case of
conducting the examinations in online mode, therefore, is entirely different from online classes.

In the considered opinion of the Committee, therefore, conducting examinations through the
online mode may not be possible under the prevailing circumstances. In particular the students
from the Union Territory of Jammu and Kashmir do not have access to 4G internet connection.
Similar is the situation for the students belonging to remote and rural areas. As we have the
students from each and every part of the country, all of them do not have good internet
connectivity. Even if few students fail to take the online examination, the University will have to

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organize second examination and who knows that all the students will be able to take the second
online examination. Then there are chances of leakage of question paper and other issues of use
of unfair means.

In view of the above, the Committee unanimously resolved to recommend that the notification
regarding conduct of examination through online mode may be substituted by an alternative
mode of examination and evaluation as given below. Existing scheme of examination as notified
by the Time Table Committee provides inter alia as under:

There shall be Mid-Term Examination carrying 20 marks and End-Term Examination


carrying 50 marks in every Semester. Mid-Term Examination and End-Term Examination
shall be written examinations and shall be of two hours and three hours duration
respectively in every subject. In addition to the written examination every student shall be
required to do a project assignment in every subject carrying 30 marks, i.e. 20 marks for
written assignment, 5 marks for attendance and 5 marks for the viva-voce of the project.
Provided the mode of conducting Mid Term and End Term Examinations may be
modified and notified in view of COVID-19 Pandemic after the commencement
of the Academic Session.

The Committee noted that the students have not raised any concern regarding End Term
Examination as the notification has not been issued regarding the mode of End Term
Examination. However, in the considered opinion of the Committee it may be appropriate to
modify the mode of End Term Examination along with the mode of Mid Term Examination for
the obvious reason that in less than two months End Term Examination is to be conducted and
given the spike in the rate of COVID - 19 infections it is highly unlikely that the University will
be in a position to conduct pen paper based written examination on the campus. It may be too
late to effectively implement a scheme of End Term Examination, if we do not consider it now.
The Committee is of the opinion that its role is not confined only to redress the grievances but
also to avoid or at least minimize the grievances. Hence, the Committee resolved to have holistic
consideration of all the examinations for ongoing Semesters.

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In view of the above, the Committee resolved to recommend the following mode of conducting
Mid Term and End Term Examinations.

Proposed Mode of Examinations

Mode of examination proposed by the Committee is in consonance with the mode of


examinations conducted by the University for the Academic Session 2019 – 20.

1. In lieu Mid Term and End Term Examinations and Project Work, students may be

required to submit one more Project Work (hereinafter, the Second Project) in all the
subjects in addition to the Project Work that they are already writing in all the
subjects (hereinafter, the First Project) and take an online viva-voce examination.
2. Broad division of marks for each subject shall be as follows: First Project Work: 30

Marks, Second Project Work: 35 Marks, Online Viva-Voce: 30 Marks, Attendance


Marks: 05.
3. Division of marks for the Online Viva-Voce Examination on both the projects shall be

as under:
(1) Communication skill: 5 mark
(2) Subject knowledge: 10 marks (based on the both the projects only)
(3) Response to questions: 10 marks
(4) Overall impression: 5 marks
Viva-Voce Examination of 7 to 10 minutes duration for each student through WhatsApp Video
Call shall be organized by the teacher concerned and shall be conducted on the days earmarked
for the End Term Examination in the Academic Calendar 2020-21. The teachers of a particular
class will have a consultation among themselves before notifying the viva-voce examination
schedule to avoid clash of timing. For example, if on a particular day one teacher is conducting
the viva-voce of Roll Number 1 to 30, the second teacher will conduct the viva-voce of Roll
number 31 to 60, third teacher will conduct the viva-voce of Roll number 61 to 90 and the fourth
teacher will conduct the viva-voce of Roll number 91 and above. On the second, third and fourth
days the order of Roll number will be changed accordingly. Students will sent their WhatsApp
number to the teacher concerned in advance and shall make video WhatsApp call to the teacher

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as the schedule notified by the teacher. If a student fails to take the viva-voce examination on the
stipulated date and time, teacher will have the liberty to allow such students to take the viva-voce
examination on a date and time convenient to the teacher. In no case, viva-voce examination will
be conducted after the last day of End Term Examination earmarked in the Academic Calendar
2020-21.
1. Distribution of Marks for First Project Work in each subject: 30 Marks (Last Date of

Submission 7 October 2020)


1) Literature Review: 3 marks (including List of Cases and List of Statutes)
2) Statement of Problem: 2 marks
3) Objective(s) of Study: 1 mark
4) Hypothesis: 1 mark
5) Research Questions: 1 mark
6) Footnotes: 2 marks
7) Substantive Discussion and Analysis: 15 marks
8) Conclusion and Suggestions: 3 marks
9) Bibliography: 2 marks
2. Distribution of Marks for Second Project Work in each subject: 35 Marks (Last Date

of Submission 10 November 2020)


Second Project in Social Science subjects shall be based on doctrinal method on any topic of
contemporary relevance. Teachers may assign comparative study, book review, article review or
interdisciplinary topic. The parameters and marks distribution applicable to the First Project shall
be applicable to the Second Project in Social Science subjects except the marks for “Substantive
Discussion and Analysis” which shall be 20 in case of Second Project. In law subjects the
Second Project shall be on case analysis. A detailed scheme of case analysis is given below.

Objectives of Case Analysis

• To facilitate the students to read and understand directly from the reported
judgments of the Supreme Court, High Courts and the Tribunals, instead of
digested paragraph(s) in books and articles;

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• To prepare the students to understand and appreciate the principles enunciated in
those decisions; and

• To develop analytical/critical thinking skills among students.

Selection of Judgments

• The reported judgments available in printed and online legal databases of t h e


Supreme Court, High Courts and the Tribunals;

• Such judgments shall ordinarily be of 150 to 200 pages; and

• To be analyzed and presented in the format given below. If any component


unit of the format is not present in a judgment, the students shall mark against
it as ‘not applicable’. The evaluation shall be based on all the units and if any unit
is not present, then the teacher can combine that mark along with another
component.

Format for Case Analysis and Distribution of Marks

1. Name of the judgment with full and proper citation. Brief background about the
judgment – How and what led to the case being brought before the Court/Tribunal -
Main subject matter involved in the case – If the case had been decided by the lower
court or tribunal, then what compelled the party to appeal to the higher court or higher
tribunal? 04 Marks.

2. Size of the Bench (Single, Division, Full or Constitutional) – Names of judges or


members as the case may be– Name of the judge or member who delivered the
opinion, Names of advocates appearing on behalf of both parties / all parties;
Intervenors if any; Amicus if any. 03 Marks

3. Material Facts of the case. 04 Marks

4. Issues/questions raised before the Court/Tribunal. Whether pure question of fact, or


pure question of law, or mixed question of law and fact. 04 Marks

5. Contentions (arguments) advanced on behalf of: 04 Marks

(i) Petitioner(s)/Appellant(s);

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(ii) Respondent(s);

(iii) Intervenor(s) and Amicus Curiae, if any.

6. Provisions of the Constitution, Statutes, Rules, Regulations, Notifications or Orders


related to the case (as mentioned in the decision). Doctrine(s), principles, concepts,
theories invoked, if any, along with a brief description of the doctrine, principle,
concept and theory. 04 Marks

7. Books, articles and other literature cited in the judgment, if any, along with a brief
description of the book, article and literature cited as well as the significance of such a
reference. Precedents relied upon by the Court/Tribunal, including foreign judgments
along with the relevance of those precedents to the present judgment; Precedent
distinguished. Judgment – Majority/Minority opinions, if any, along with appreciation
of the judgment with reasons (by the student); Concurrent opinion if any clearly
identifying the reasons of concurrence; 04 Marks

8. Concrete Judgment (Judgment in Personam) and Ratio Decidendi (Judgment in Rem).


Whether the judgment overruled any judgment or reversed or affirmed the judgment.
If reversed or affirmed, whether the reversal and affirmation is in part or in full. 04
Marks

9. Conclusion –Students are expected to write his/her views or impressions on the


decisions, ably supported by their own reasons, suggestions, facts and foreign
judgments. Implications, importance and relevance of the judgment to public policy,
law, amendments (for the future as identified by the student). 04 Marks

Proposed Mode of Submission and Evaluation of Written Projects

In accordance with the notification issued by the Examination Section there shall be a
centralized submission of projects for similarity check through Turnitin Software. In
this regard it is unanimously recommended that employee handling the Turnitin
Software may be asked to use necessary filters available in the software. For example,
filters may be made applicable to cover page of the project, quotations, footnotes,
bibliography etc. Possibility of customizing the Turnitin Software according to the
parameters of project evaluation may be explored. If the similarity index is more than

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thirty per cent, the project should be returned to the student for improvisation by the
employee handling the software. . . .

II. Similarity Check of Projects through Turnitin Software


In a sense the Pandemic has given us an opportunity to experiment with newer mode of
examination. Undue emphasis on rote learning and memory-based examination are not
going to equip the students with the abilities necessarily required in legal education, legal
profession and legal research. A long cherished but unmet demand of the students and
teachers has been to minimize undue emphasis on memory-based examination. In
lawyering, memory is a necessary but never the sufficient condition. Through the
proposed mode of examination the students are not required to answer the questions
asked by the teacher. Rather he/she is enabled to do research, develop original and
critical thinking and be creative.
Legal education primarily seeks to equip the students with the knowledge of and skills in
law. Written examinations, by and large, seek to assess the knowledge of students by
asking memory based questions. Undue emphasis is on the test of memory. Little
emphasis is given to assess the critical thinking, analytical ability and creativity of the
students. In the given scheme of things, knowledge of the subjects is imparted through
lectures and discussions in the online mode. As per the existing Regulations class
attendance is mandatory. Students are equipped with the knowledge of subjects in the
classroom. It does not follow from here that written examinations are meaningless. But
how much weight should be given to written examination, how much weight to memory
based questions, how much weight to research skills, how much weight to writing skills,
how much weight to skills of verbal communication, how much weight to analytical
prowess, how much weight to critical thinking and how much weight to creativity are
some of the questions of serious academic discussion. Proposed mode of examination is
also in sync with the National Education Policy 2020 (NEP) announced by the
Government of India in July 2020. Introductory chapter of NEP in fourth paragraph at
page 3 reads as under:

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[I]t is becoming increasingly critical that children not only learn, but more
importantly learn how to learn. (emphasis added) Education thus, must move
towards less content, and more towards learning about how to think critically and
solve problems, how to be creative and multidisciplinary, and how to innovate,
adapt, and absorb new material in novel and changing fields. Pedagogy must
evolve to make education more experiential, holistic, integrated, inquiry-driven,
discovery-oriented, learner-centred, discussion-based, flexible, and, of course,
enjoyable.

Examination through the proposed mode of projects and online viva-voce examination
seeks to translate the objectives of NEP into reality by shifting the focus of learning from
“what” to “how and why”. Proposed model will help build the ability of students beyond
the classroom by providing them an ample opportunity for analysis, original and critical
thinking and creativity.

The Committee also noted that many universities in India and abroad have made access
to their libraries open for public use. Our library is providing access to online databases
to its students and teachers. Lot of reading material of every subject is available on the
internet for free. But one has to sit on a computer or laptop, find the relevant reading
material, read and reread it, analyze the material critically and creatively and do the work.
If student is writing the projects on the parameters by intellectual efforts, there is hardly
any possibility of plagiarism.

In view of the above, the Committee is of the considered opinion that the demand of
removing similarity check of projects through Turnitin Software is devoid of any merit
and hence the Committee unanimously resolved to recommend that similarity check of
projects through Turnitin Software is a necessity and should not be dispensed with.

III. Open Book Model of Examinations adopted by Delhi University

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Suggestion given by the students that examination may be conducted by adopting the
open book model of examination of Delhi University. The Committee considered the
suggestion and after a detailed deliberation formed an opinion that the problems
highlighted in Paragraph III above will also be present in online submission of answer
scripts. Further, the mode of examination proposed by this Committee is closer to the
demands of legal education in comparison to the model of Delhi University. Mode
proposed by us is research centric and we expect our students to learn the existing
knowledge in the classroom and go beyond it and create new knowledge through
projects. Online Viva-Voce Examination will assess the knowledge, communication skill
and ability to respond to the questions while standing on one’s toes.

In view of the above, the Committee unanimously resolved to recommend that open book
model of examinations adopted by Delhi University should not be adopted by us.

Meeting concluded with vote of thanks to the Chair.

[Dr. Sushma Sharma] [Dr. Raka Arya]

[Prof. (Dr.) U.P. Singh] [Prof. (Dr.) Rajiv Khare]

[Prof. (Dr.) Ghayur Alam]

Submitted for kind consideration and approval, please.

The Vice-Chancellor

Approved.

[Prof. (Dr.) V. Vijayakumar]

The Vice-Chancellor

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