SC allows serving of notices via WhatsApp, email

SC allows serving of notices via WhatsApp, email

CJI: If It’s 2 Blue Ticks, Receiver Has Seen It

Dhananjay.Mahapatra@timesgroup.com

New Delhi:11.07.2020

In a first, the Supreme Court on Friday agreed in principle that serving notices and summons to people, integral to judicial processes, through instant messaging services like WhatsApp and Telegram, in addition to emails, would be legally valid. This will be a significant boost to designated messaging services, already widely used informally for official work in government, as they get a legal stamp of approval.

A bench of Chief Justice S A Bobde and Justices R S Reddy and A S Bopanna agreed to suggestions of attorney general K K Venugopal and solicitor general Tushar Mehta that sending summons and notices through email would constitute valid delivery of these legal instruments asking a respondent to either appear before the court or respond to a court query. It said this innovation was needed as physical delivery of notices and summons was difficult in the lockdown period.

On another issue, the SC agreed to examine the Centre’s suggestion that banks could be permitted to get Letter of Acknowledgement of Debt (LAD) from borrowers within 45 days of lifting of lockdown to avoid initiation of recovery proceedings. This would ease anxiety of banks and thousands of borrowers in cases of expiry of three-year limitation period during the prolonged lockdown which could lead to initiation of recovery proceedings.

On messaging services, Venugopal expressed reservations about WhatsApp. “Since the messenger service claims that it is end-to-end encrypted, it would be difficult to prove legitimate service of summons/notices sent through WhatsApp,” he said. The CJI replied, “If the sent notice/summons in message form reflects two blue ticks, then it will constitute as valid service.”

However, Mehta said, “It is easy to tweak WhatsApp settings, as I have done, to not show the sender the blue ticks. This will give an erroneous impression that the person has not received the summons despite him receiving and going through it.” Senior advocate Sidharth Luthra agreed with Mehta.

SC: Won’t interfere with cheque validity period

CJI S A Bobde then said WhatsApp messages could be in addition to summons and notices sent through emails. However, in the draft order, the bench mentioned instant messaging services instead of WhatsApp or Telegram and said it would not commit the mistake of a photocopy machine being called a ‘Xerox’ machine. Formal orders from the court are likely to be uploaded on Monday.

However, the SC refused to extend the threemonth validity period for cheques. The bench said the three-month validity period for cheques was not stipulated by any statute but was based on an RBI direction under the Banking Regulation Act. As RBI through senior advocate V Giri pleaded that any tinkering with the cheque validity period could affect the banking system, the bench said, “We will not interfere with the cheque validity period.”

The SC had earlier ordered, “All periods of limitation prescribed under the Arbitration and Conciliation Act, 1996, and under Section 138 of the Negotiable Instruments Act, 1881, shall be extended with effect from March 15 till further orders to be passed by this court in the present proceedings.”

HDFC Bank, through senior advocate Shyam Divan, had said where the three-year limitation period for repayment of debt prescribed under the Indian Limitation Act of 1963 had lapsed during the lockdown period or was about to lapse immediately after lifting of the lockdown, banks would be expected to move courts or tribunals for filing recovery proceedings or make a virtually impossible dash for obtaining LADs. The bank had sought extension of the limitation period to avoid massive litigation.

Sending summons and notices through email would constitute valid delivery of these legal instruments. Innovation needed as physical delivery of notices and summons difficult in lockdown period.

3-Judge Bench headed by CJI S A Bobde

UGC cites top universities like MIT, Cambridge to justify decision to hold final-year exams

UGC cites top universities like MIT, Cambridge to justify decision to hold final-year exams

UGC issued a circular Thursday, detailing SOPs for colleges and that they conduct a risk-assessment before holding exams. Health of students and staff to be monitored too.

KRITIKA SHARMA 9 July, 2020 4:48 pm IST

UGC building in New Delhi | Photo: Manisha Mondal | ThePrint

New Delhi: The University Grants Commission (UGC) has sought to justify its decision of making final-year exams mandatory for college and university students by citing top-ranking global institutes such as MIT and Cambridge University which conducted exams during the Covid pandemic.

The UGC’s decision, announced Monday, drew a lot of flak from students, parents and faculty members, who questioned the need to conduct exams when the country is faced with a health emergency. 

Following this, the UGC Thursday issued a circular to colleges and universities, explaining the rationale behind its decision.

“Presently several universities have conducted/planned exams in online/offline/blended mode,” the circular said.

“Top-ranking universities of the world have opted for final exams to be done remotely. Like Princeton and MIT, University of Cambridge, Imperial College of London, University of Toronto and McMaster, University of Heidelberg and University of Hong Kong have resorted to the online technology-based model of conducting exams,” it added.

The UGC also gave examples of other universities like University of Oxford and National University of Singapore that conducted exams in ‘take-home’ format, apart from some other universities that used methods like term paper, open book, presentation, assignments and time-limited exams.

“In order to safeguard the larger interest of students, related to their academic and career progression, particularly those who are in final year/terminal semester, the institutions are required to chart out a plan to conduct exams,” the circular added.

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SOPs for colleges

The circular also detailed Standard Operating Procedures (SOPs) for institutes with regard to conducting exams.

It asked education institutes to do a risk-assessment before conducting the exams if they are holding them in offline mode. The SOPs said the level of risk should be perceived differently for residential and non-residential students as the risk is higher for the latter.

“Higher education (institutes) should address the following concerns — preparation of risk-assessment and subsequent actions which varies, whether the institution is fully residential, partially residential or non-residential. The higher risk and bigger challenge is faced by institutions that are non-residential, where students will leave daily and come back the next day,” the circular read.

The circular also asked colleges and universities to make sure they monitor the health of their faculty members, counsellors, and other technical and non-teaching staff, who will interact with students regularly.

It also asked institutes to make sure they follow the basic safety measures such as sanitisation of the premises, thermal screening, safe physical distance and wearing of masks.

12 students in one room

Some of the other SOPs for institutes include making sure that sanitizers are available at each desk and everyone — students and invigilators — are wearing masks all the time.

Exam functionaries have also been asked to wear gloves at all times, especially while distributing the question papers. Downloading Aarogya Setu app has also been advised for all staff and students.

Further, the commission has given a sample seating arrangement plan to colleges, which they can follow. 

According to the plan, only 12 students should be made to sit in a room. Students should also be made to sit one seat apart from each other.

UGC considering a later start to academic calendar

UGC considering a later start to academic calendar

10/07/2020

Amandeep Shukla

amandeep.shukla@htlive.com

New Delhi : University Grants Commission (UGC), the higher education regulator, is considering a later start to the academic calendar as the Covid-19 pandemic continues to keep campuses shut and universities struggle to hold examinations.

An expert committee headed by Central University of Haryana vice chancellor R C Kuhad has written to UGC that admissions to undergraduate courses be completed by the end of October and the new session begin by November, according to a person familiar with the developments who requested anonymity. The panel has also recommended that for postgraduate courses, the admission process be completed by the end of November and the session commence from December 1.

The human resource development (HRD) ministry and UGC had appointed the Kuhad committee to make recommendations on the calendar for the Covid-hit academic year 2020-21. The panel had earlier recommended that the session begin from September-October .

With no improvement on the pandemic front, it has now sent revised recommendations to the UGC, which is expected to take a call in the coming days, according to the person cited above.

Significantly, it was in the same revised report that the Kuhad committee had also suggested that exams for the final year be held -- whether online, offline or a blend of both.

“The UGC had in an emergent meeting on July 6 discussed the part of the report about exams. Most of the suggestions were accepted. However, the committee has also given revised dates for the academic calendar. The UGC is yet to take a call on the revised dates. The panel has suggested that the session for Bachelor {degree} programmes begin from November 2 and Masters programmes from December 1,” said the person.

“It is expected that results of all school boards would be out by July-August so the session for undergraduate courses can begin early. The postgraduate courses would begin after university results are out. However, there may also be a need to compress semesters or readjust syllabus,” a second person said.

“Considering the trajectory of spread of Covid in India to extend the beginning of academic sessions for UG and PG courses from November and December respectively is a reasonable decision. However the decision of the Kuhad Committee, accepted by the UGC, to make it mandatory to hold the final year semester end or year end examinations in offline/online/mixed mode needs revisit...,” said former UGC member Inder Mohan Kapahy.

“But there is definitely advantage of being in a classroom...We hope the policymakers take the best decisions,” said Shubham, a student pursuing B Tech in Delhi

KGMU to study if coronavirus becomes airborne or not

KGMU to study if coronavirus becomes airborne or not

10/07/2020

Gaurav Saigal

Gaurav.saigal@htlive.com

LUCKNOW : The King George’s Medical University (KGMU) has decided to conduct a study to find out whether coronavirus becomes airborne or not.

The study, first in the region, will be done by the department of pulmonary critical care medicine (PCCM). “We are in the final stages of deciding the test protocol. For now, the basic methodology has been worked upon,” said Dr Ved Prakash, HoD, PCCM department. Describing the methodology, Prakash said the idea is to analyse the breath of admitted Covid-19 patients and this shall be done by a ‘balloon method.’ The balloons are specially made for the purpose and such sampling could start next week, he said.

According to the test methodology, a patient has to release a certain volume of inhaled breath in the balloon, which will then be taken to the laboratory for the test. “A lot of news is coming from across the globe pertaining to the suspense over whether the virus can get airborne or not. The idea is to find out whether the virus stays in the air outside the patient’s body, and if so, then for how long it stays in the air. Samples will be taken from patients in the initial days of infection (within 5-days of testing positive), when it is said an infected person can spread infection to others,” said Prakash.

He said once this test proves the virus’ life in the air, further advanced tests will be done on its transmission to human body via air route. “If the virus is in one’s breath and then survives in the air inside the balloon, then it means it can spread,” he said.

“Recently scientists have claimed that Covid-19 virus is airborne, too, apart from its capacity to spread via droplets. We are studying the same claim about it being airborne,” he said.

“For the tests, labs in KGMU and Meerut Medical College will coordinate,” said Prakash, who is also the nodal officer for the Meerut Medical College.

KGMU is one of the biggest Covid-19 hospitals in the state and has treated and discharged over 200 patients till now. The campus has a capacity to admit over 200 patients and the bed strength is being increased by another 200.

Experts urge UGC to reconsider

Experts urge UGC to reconsider

10/07/2020

New Delhi : A group of eminent educationists wrote to the University Grants Commission (UGC), asking it reconsider making exams for final-year college students mandatory.

In a letter to UGC chief DP Singh, the educationists said the regulator’s latest advisory on examinations was unfortunate because it took “us backwards rather than forward”.

The decision effectively extended the period for holding of exams (for final year/semester cohorts) until September, the second such postponement. And it creates fresh uncertainty for states that had already decided to cancel exams, read the letter that counted former UGC chairman Sukhdeo Thorat among many signatories.

“...we are reiterating the reasons why many teachers and institutions had argued for cancelling the exams and declaring results based on previous performance. The recommendation to cancel exams was prompted by an unprecedented health emergency, not by doubts about the value of examinations,” it said.

When faced with such an emergency, cancelling exams has two main advantages: First, it avoids the extended uncertainty created by repeated (but unavoidable) postponements. Second, it protects the integrity of the examination by refusing to abandon its two most basic features – impartiality, or equal treatment of all examinees; and close supervision to prevent cheating, it said.

Given the realities facing the overwhelming majority of our students and institutions, examinations held in the “online” or “mixed” modes will be biased because they will favour students with better access to the internet.

A UGC officials said the commission has come to decision after extensive consultations. While most exams stand cancelled, we have only kept the option open for passing out students, in view of their career prospects, the official said.

State can’t hold exams, but waiting for UGC’s response’

State can’t hold exams, but waiting for UGC’s response’

10/07/2020

Hindustan Times Mumbai

A drone sprays disinfectants on mosquito-breeding sites at Mumbai Central.Anshuman Poyrekar/HT Photo

Medical workers screen Dharavi residents. SATYABRATA TRIPATHY/HT

Shreya Bhandary

shreya.bhandary@hindustantimes.com

Mumbai : Days after the University Grants Commission (UGC) said that all universities across India will have to conduct the end-of-term exams for final-year students by September, the state education department on Thursday, reiterating its stand, said exams will be not held owing to the Covid-19 outbreak.

However, the state will wait for some days to hear from UGC over its decision before going ahead with its decision to promote students. “We have made our stand clear, but if they [UGC] still insist on conducting the exams, we request them to clarify on the steps for holding exams in such a situation,” said Uday Samant, minister of higher and technical education, Maharashtra.

In a virtual press conference, Samant said he wrote to UGC asking if students, who reside in containment zones, would have to give exams, and if they do, will they have to remain in quarantine thereafter. The state also sought clarity on the paper-setting process, especially since the representative group for university teachers announced that if exams are held, lives of students and teachers will be in jeopardy.

“Once the UGC responds, the state will announce its decision. We assure students that they will not have to wait till September to know the final outcome of the decision. We will end the confusion soon,” said Samant.

Samant said in a collective meeting on July 4, vice-chancellors (VCs) from all the 13 universities in the state reiterated that they are in no position to hold the final-year exams in online, offline or blended modes by September. He added that the minutes of the meeting with the VCs were shared with the government on Thursday.

The VCs instead recommended that all final-year students be promoted on the same formula applied for the promotion of students of other years. “The state has since April clarified that conducting exams for around 8 to 10 lakh students is impossible. Our decision has been based on the recommendations made by the VCs of state universities, keeping in mind the safety of staff and students,” said Samant. The VCs also suggested that students with backlogs (ATKTs) must also be promoted based on their previous semester performances. The VCs said all the students should be given a chance to better their grades later this year, when it is safe to hold exams, the minister said.

Medical students and interns asked to report for COVID-19 duty on short notice

Medical students and interns asked to report for COVID-19 duty on short notice

Medicos allege that they have been asked to pay for their own treatment if they test positive

10/07/2020

Final year MBBS students in private colleges and those pursuing internship claim they have been asked to report to fever clinics or COVID Care Centres on short notice. Many alleged that they have been asked to make own arrangements for accommodation, pay for their treatment if tested positive for COVID-19, and for tests if they go to a private laboratory.

An MBBS student at private medical college in Bengaluru said he got a message on Thursday morning asking him to report to their teaching hospital in two hours. “We were later told that we will have to go to the Department of Medical Education on Friday morning where we will be posted for COVID-19 duty. We have not been given any instructions,” the student said.

Many of these students in private hospitals, who are pursuing MBBS and are undertaking their compulsory one-year internship, are not paid, but others are paid in the range of ₹2,000 to ₹25,000 per month. This disparity has also rankled students. “We are not against being posted for COVID-19 duty, but we are urging the authorities concerned to ensure better planning and coordination. We also want the government to pay stipend if we are placed in public health facilities,” said a student. They alleged that college managements were unwilling to listen to their grievances and threatening to cut their attendance or initiate disciplinary action if they did not comply. An intern who works at a private medical college hospital in South Bengaluru said: “Four of the interns tested positive and three were hospitalised. They had to pay for their own treatment. In fact, we have been told that the college will bear the cost of one COVID-19 test and if we have to undergo another one, we have to pay for it.”

Worried about the safety of their families, students have moved out of their homes and are staying in hostels or shared accommodations. “We are also spending money on sanitisers and masks for our personal use,” said a student.

Monthly honorarium

Sources in the Medical Education Department pointed out that the government was planning to pay a monthly honorarium for students who were not receiving stipends. “We have submitted a proposal to the government and want to pay students from private medical colleges a fixed monthly sum if they are posted on COVID-19 duty,” said a senior official in the department. Several colleges had warned students of the possibility of being roped in. Earlier this week, the Rajiv Gandhi University of Health Sciences had sent a circular to all its affiliated colleges that all their interns, postgraduate students, staff in all departments and streams will have to be ready to report for COVID-19 duty on short notice.

“Every day the number of patients and beds is increasing. It is like reporting for war. Students will have to be ready to report as and when the need arises,” an official in the department stated.

Medical Education Minister K. Sudhakar said that if colleges do not pay interns stipend, we will write to the Medical Council of India to initiate action against them. “Regarding other grievances that the students have raised, if they send us specific complaints, we will attend to it immediately,” he said adding that final year MBBS students and interns will be placed in COVID Care Centres and fever clinics.