Supreme Court: After the MHA and UGC submitted their affidavits and yet again defended it’s Revised guidelines dated 06.07.2020 on the ground that the conduct the examinations as it is the crucial step in the academic career of a student and that the States had no authority to cancel the examinations, Senior Advocate Dr. Abhishek Manu Singhvi, appearing for Yash Dubey, told the Court that “a Farman has been issued with complete non application of mind to complete exams by September 2020.”
Highlights of Dr. Singhvi’s arguments
- exams cannot be conducted when no teaching has taken place.
- all the students are a part of one homogeneous group and that the students of final year cannot be treated differently from rest of the years.
- minutes of meeting of 13th July filed by Maharashtra in its affidavit is very clear that more than 10 lac students will travel, arrange for meals, use public transport which will jeopardize them grossly.
- parents and grandparents of the students, the most vulnerable to the virus, will also be exposed to it.
- Most of us, including me, are doing it for free for this cause concerning students
Dr. Singhvi has concluded his arguments in the matter and the Court will now take up the matter on August 18, 2020.
Highlights of Advocate Malak Bhatt’s Submission
- Stand taken by the MHRD and the UGC are not only contrary to the clear directions passed by the MHA under the National Disaster Management Act, but also far away from the harsh realities of the present pandemic situation.
- UGC guidelines undermine the paramount concern of student health and safety and is clearly violative of rights under Article 14 and 21 of the Constitution.
- Directions to conduct exams through offline or online modes with a mandate to complete them by end-September is also far from reality on the infrastructural facilities available with rural universities in specific to conduct exams in such times
Yesterday, Ministry of Home Affairs filed an affidavit in the plea challenging UGC’s revised guidelines dated 06.07.2020 regarding conduct of final year exams amidst COVID-19 crisis and has said while the MHA Unlock-3 Guidelines dated 29.07.2020 continue to require schools, colleges, educational and coaching institutions to remain closed till 31.08.2020, the universities/institutions will be and are clearly intended to be exempted from the said restriction for the limited purpose of holding Final Term Examinations / evaluation work in terms of the UGC guidelines on examinations.
Earlier, in it’s response to the affidavit filed by the State of NCT of Delhi, UGC stated that Delhi’s decision to cancel final year/terminal semester examinations and graduate students without such examinations, encroaches on the legislative field of coordinating and determining the standards of higher education that is exclusively reserved for Parliament under Entry 66 of List I of Schedule VH of the Constitution. As such, the State Government’s decision dated 11.07.2020 is contrary to the UGC’s Guidelines which have been issued for maintaining the standards of higher education and is void ab initio.
UGC submitted that
“it aims to protect the academic future of students across the country which will be irreparably damaged if their final year/terminal semester examinations are not held, while also keeping in mind their health and safety.”
Yesterday, Maharashtra Students’ Union, a non-profit organization working for welfare of students, more particularly students pursuing higher education, filed an Intervention Application in the plea challenging UGC’s revised guidelines dated 06.07.2020 regarding conduct of final year exams amidst COVID-19 crisis.
It submitted that a Bachelor’s degree is conferred on the basis of a collective assessment of all 3 years of a Bachelor’s course and not of the final semester alone. The affidavit states that
“the last examination or the final examination of students of Higher and Technical Education does not carry any special weightage or decisive value which a final year examination used to carry in the erstwhile education system, as the evaluation is done on a cumulative assessment of all semesters in a degree course.”
The 3-judge bench of Ashok Bhushan, R Subhash Reddy and MR Shah, JJ, had on August 10, 2020, sought a reply on whether the Disaster Management Act can override the UGC’s guidelines and posted the matter for further hearing on August 14, 2020.
Maharashtra, in it’s affidavit, has mentioned that after deliberating on the issue at length, the State Disaster Management Authority constituted under the Disaster Management Act, 2005 took the decision of not holding the last year final semester examinations for both professional and non-professional courses.
NCT of Delhi has submitted that the Deputy Chief Minister/Higher and Technical Education Minister of the National Capital Territory of Delhi has all Delhi State Universities to cancel all written online/offline semester examinations including final year examinations. Universities have also been advised to devise alternative assessment measures to promote students of intermediary semesters and grant degrees to students of final semesters.
Regarding the decisions of certain State Governments to cancel the Final Year exams, UGC has, in it’s affidavit, stated that the said decision is contrary to UGC Guidelines and encroaches on Parliament’s power under Entry 66 of List I of Schedule VII to coordinate and determine the standards of higher education.
UGC has also emphasised on the need to conduct the examinations as it is the crucial step in the academic career of a student.
“… it would be irrational to exempt students from final year/terminal semester examinations and to graduate them based on their past performance.”
Final Year Student Yash Dubey, who has also challenged the Revised Guidelines, along with 31 other students, in his rejoinder, submitted that
“it is baffling to note that just one semester of examination will be determinative of the integrity and value of a degree for which students worked hard for six (for three years course) and to ten semesters (for five year course),…”
When the Court heard the matter on July 31, 2020, Senior Advocate Dr. Abhishek Manu Singhvi, appearing for Yash Dubey, told the Court that Heavens will not fall if exams are not conducted.
ALSO READ
- UGC’s response to the Petition
- Rejoinder by Students
- Maharashtra’s Affidavit
- Delhi’s Affidavit
- Maharashtra Students’ Union’s affidavit
- UGC’s Counter Affidavit
- MHA’s response
- Details of UGC’s revised guidelines dated 06.07.2020 on conduct of final year exams
- MHA Unlock-3 Guidelines dated 29.07.2020
- Final Year Exams: “Heavens will not fall if exams are not conducted”, AM Singhvi tells SC
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