UGC: Final yr exams must, states can’t cancel them

UGC: Final yr exams must, states can’t cancel them

Dhananjay.Mahapatra@timesgroup.com

14.08.2020

The UGC told the Supreme Court on Thursday the decision of Maharashtra and Delhi governments to cancel final year college exams citing the pandemic was void ab initio (invalid at the outset) and couldn’t override the UGC’s directions to universities to conduct final year exams by September 30 through online or offline modes.

“Neither the Disaster Management Act, 2005, nor the Epidemic Diseases Act, 1897, empower the state… to take decisions that affect or impact the standards of higher education. Under the UGC Act, it is the UGC alone which is mandated to maintain such standards,” the University Grants Commission said in its affidavit. “Therefore, the decisions of the state authority and the state government (to cancel final examinations) are an encroachment on the legislative field of coordinating and determining the standards of higher education.”

Final exams are a crucial step in academic career of students: UGC

In an earlier statement, the UGC had said of the 640 universities that had submitted responses, more than 400 had either completed final exams or planned to do so using the prescribed modes. The UGC, in its affidavit, said Maharashtra could not fall back on the DM Act to encroach into a domain exclusively reserved for the commission.

“The state disaster management authority’s June 18 decision not to hold last year final semester examination of both professional and non-professional courses and the consequent government resolution dated June 19 as well as the state authority’s July 13 decision reiterating nonholding of examination, are in violation of the UGC’s April 29 and July 6 guidelines, which must be followed by universities/institutions and, as such, are void ab initio,” the commission said.

The UGC emphasised the need to conduct terminal or final examinations, saying it was acrucial step in the academic career of a student. “Therefore, the UGC has issued such guidelines 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,” it

Indians having any valid visa can now fly to the UAE

Indians having any valid visa can now fly to the UAE

Centre lifts curbs imposed for pandemic

13/08/2020

S. Anil Radhakrishnan THIRUVANANTHAPURAM

With the Union government lifting the pandemic-induced curbs on tourist and visit visas for travel to the United Arab Emirates (UAE) after five months, airlines can now carry any Indian national holding any type of valid UAE visa to the seven emirates.

Till now, only Indian and UAE nationals having resident visa, fresh job visa or student visa were allowed to travel on flights operated by Air India Group and Air India Express and on chartered flights to the UAE.

“It would be for the airlines concerned to ensure that there is no travel restriction for Indian nationals to enter the UAE with the particular visa category before issuing ticket and boarding pass,” the Civil Aviation Ministry said in a communication

The Centre was under pressure to allow everyone with valid UAE visas to travel after the General Directorate of Residency and Foreign Affairs in Dubai started issuing new visit visas for Indians. Relatives of NRIs were not able to fly to the seven emirates due to the restrictions.

Why Online Option For Exams Can't Be Given When Viva Was Done Online?, Karnataka HC Asks VTU

Why Online Option For Exams Can't Be Given When Viva Was Done Online?, Karnataka HC Asks VTU

12 Aug 2020 2:34 PM

Mustafa Plumber12 Aug 2020 2:34 PM

The High Court of Karnataka on Wednesday asked the Visvesaraya Technical University (VTU) to respond by tomorrow on why online examinations cannot be held when the viva was done online.

A bench of Jusitce Sunil Datt Yadav also asked the VTU to place on record the reasonable gap for conducting special exams. The University will have to respond as to the time within which the second chance will be accorded to students.

Further, the bench asked the State Government to clarify the relaxations in quarantine requirements of students.

The Court was hearing a petition filed by students of Bangalore Institute of Technology seeking the option of exams through online mode as well.

Advocate Bhargav Bhat, appearing for the petitioners, submitted that the VTU held viva through online mode.

"If you can do one exam online, it is not fair to say that you cannot do written exams online", he said.

He added that many universities like Christ, NLSIU etc conducted online exams, and VTU cannot claim difficulties in following the same path, especially so being a 'technical university'.

"Unprecedented situation needs creative solutions", Bhat said.

The bench suggested that the University should provide the options of online and offline exams.

"They are not seeking for postponement; they are only seeking for online option for exams", the judge told the counsel for VTU.

"You will have to respond. Place it in witting why exams cannot be done online when viva is being done online", the bench told the VTU.

In the morning, the bench had asked the counsel of VTU to get instructions by 1.30 PM as to whether online option can be given for exams.

In the afternoon, the VTU told the bench that at this moment, it was not feasible for it to offer online exams.

When the bench pointed out that the UGC guidelines provide for the online option, the UGC's counsel replied that the guidelines are advisory in nature and University has to chart out its own rules.

During the morning session, the petitioners' counsel pointed out that the guidelines issued by the Ministry of Human Resources Development provide for the option of online exams.

"Not once VTU has said why it has decided to hold offline exams only. The current situation in Karnataka is not conducive. Travel is a problem, stay is a problem. 14-day home quarantine is mandated", Bhatt submitted.

The counsel for VTU cited practical difficulties in holding online exams.

"There are 70,000 students who will be appearing for exams and around 1 lakh students who have backlog will be appearing. The first issue will be the distribution of exam papers. Second will be who will monitor the students who opted for online exams", he submitted.

Bhatt sought to counter these submissions by saying that 95% of the students took internal exams via online mode only.

[Students vs UGC] Maharashtra Students' Union Supports State Disaster Management Authority's Decision To Cancel Exams; Bats For State Autonomy In Holding Exams

[Students vs UGC] Maharashtra Students' Union Supports State Disaster Management Authority's Decision To Cancel Exams; Bats For State Autonomy In Holding Exams 

LIVELAW NEWS NETWORK

12 Aug 2020 3:05 PM 

The Maharashtra Students' Union has sought intervention in the writ petition challenging UGC Guidelines mandating conduct of examinations for final year students by September 30. 

The Petitioner organization stands by the decision of theMaharashtra Government of not holding final year examinations of both professional and non-professional courses in the state, amid the pandemic. 

It is contended that decision of the State's Disaster Management Authority shall prevail over all Central and State Acts, including the Universities Grant Commission Act, 1956, as it is a special law. 

"Guidelines dated 29.04.2020 or the revised guidelines dated 06.07.2020 issued by the University Grants Commission are neither mandatory nor binding on the State Authority set up under Section 14 of the Disaster Management Act, 2005. In case of a conflict between laws made either by the Parliament and/or State Legislature and the Disaster Management Act, 2005, the latter shall prevail in accordance with the provisions of Section 72 of the Disaster Management Act, 2005," the Petitioner has submitted. 

The Union Ministry of Home Affairs had permitted the conduct of exams by Universities and Institutions vide notification dated July 6, 2020 and had ordered the Universities to compulsorily conduct examination of final year students as per UGC guidelines and Standard Operating Procedure. 

In furtherance of the aforementioned notification, UGC has issued revised guidelines for University examination for terminal semester students whereby it instructed Universities to conduct exams in offline (pen & paper)/ online/ blended (offline + online) mode. 

The decision has been challenged before the Top Court, as violative of students' right to health and life. 

In its affidavit, UGC had stated that the direction to hold final year examinations by September 30 was issued to "protect the academic future of students". It further stated that conducting examinations for final year students is necessary to test them on "specialized elective courses" studied by them during the terminal year. 

Responding to this submission, the Petitioner-organization through Advocate Mohini Priya has stated that final examination of students of Higher and Technical Education does not carry any special weightage or decisive value as now, the evaluation is done on a "cumulative assessment of all semesters" in a degree course. 

They have contended that ever since introduction of "Semester system" and the "Choice based Credit system" in the year 2009, modules taken by students are assessed immediately upon completion of required academic work as a part of "continuous assessment". 

Other grounds taken by the Petitioner include: 

Section 12 of the UGC Act casts a general duty on the Commission to consult State Governments 

Section 12 of the UGC Act stipulates that it shall be the general duty of the Commission to take, in consultation with the Universities or "other bodies concerned", all such steps as it may think fit for promotion and co-ordination of education and for determination and maintenance of standards of teaching, examination and research in Universities. 

The Petitioner has contended that since the words "other bodies" is not defined in the Act, the same has to be interpreted comprehensively and widely. 

It is stated that "other bodies" would certainly include the State Authority and/or State Government. On this note it is submitted, 

"Admittedly while taking the decision of holding examinations, the UGC did not consult either the State Authority and/or the State Government and hence in my humble submission, such decision on part of UGC to hold examinations is neither mandatory nor binding on the State Governments." 

Power to take decisions regarding the conduct of examinations rests upon the respective State Universities 

The Petitioner-organization has contended that the power to take decisions regarding the conduct of examinations and conferring degrees rests upon the respective State Universities and not upon the UGC. 

Taking a comprehensive of view of the provisions of the Maharashtra Public Universities Act, 2016, the Petitioner has submitted, 

"the power to take decisions regarding conduct of examinations and conferring of degrees rests with the respective State Universities, and as such the UGC does not have the authority to grant/withold degrees of students, when the State Governments and Vice Chancellors of Universities have after considering all the exigencies of the current situation made a unanimous decision to confer degrees without holding the final year examinations." 

It is argued that the UGC is concerned with the "standards of education" and the State Government's decision regarding non-conduct of final exams amid a national health crisis cannot in the remotest manner be considered as an impediment on the same. 

The matter is slated to be heard on August 14, 2020.

Dead teacher draws salary for more than 18 months in Uttar Pradesh, probe ordered

Dead teacher draws salary for more than 18 months in Uttar Pradesh, probe ordered

Pilibhit: 12.08.2020

The education department in Uttar Pradesh has ordered a probe after it accidently found out that the salary of one of its teachers continued to be credited into his account for 18 months after his death.

Arvind Kumar, who was posted at Bilsanda primary school in Pilibhit, died on May 22, 2016. But, during the scrutiny of his documents--as his wife had applied for a job on compassionate grounds—the Basic Shiksha Adhikari (BSA) of Pilibhit found that he got the salary till November 2017.

The BSA has now directed the block education officer to file a detailed report on this irregularity.

“The irregularity came to the fore when credentials of Kumar were being reviewed by the accounts section. Kumar had joined duty as teacher on November 5, 2015 and he died on May 22, 2016. But the accounts section continued transferring his monthly salary to his bank account till November 2017,” said BSA Devendra Swaroop. TNN

Architecture students can now exit programme at end of 3 yrs with degree

New Delhi:12.08.2020

An architecture student can now exit at the end of three years with a degree. Also during study an architecture student has to undertake study tours of history, culture, tradition and heritage as a compulsory part of the curriculum. Universities will be allowed to have tie up for exchange programmes with local and global institutions. These National Education Policy (NEP) 2020 compliant reforms were announced as part of the new ‘Minimum Standards of Architectural Education Regulations (MSAR), 2020’ by the ministry of education on Tuesday.

The council of architecture (CoA) has issued the MSAR (Amendment) Regulations, 2020 after a gap of 37 years and these rules will be effective from the academic session 2020-2021. The amended MSAR is set to make the undergraduate architecture programme have the flexibility of multiple exit options with universities to allot an appropriate degree at the end of three years of study as well. For admission to the BArch programme, a candidate must have secured 50% marks in physics, chemistry and mathematics and an have an overall aggregate of 50% in the class XII exams.

For admission, 50% weightage would be given to the aptitude test conducted by national aptitude test in architecture (NATA) or joint entrance examination (JEE). The new regulations also focus on hands on and apprenticeship learning, and the training to be conducted in the eighth and ninth semesters. As envisaged in the NEP 2020, the BArch courses will also have a multidisciplinary approach with the undergraduate courses to offer electives for lateral growth of students outside the domain of architecture. TNN

2 AirAsia execs suspended over safety violations

TIMES NEWS NETWORK

Mumbai:12.08.2020

Two AirAsia India officials, Capt Manish Uppal, head of operations and Capt Mukesh Nema, head of air safety have been suspended for a period of three months by the directorate general of civil aviation (DGCA) for alleged safety violations.

Director general of civil aviation, Arun Kumar confirmed the development. Under the regulator’s norms, appointments to crucial posts like airline-head of air safety, head of operations are cleared by the DGCA.

In June, the DGCA had initiated a probe against AirAsia India after one of its pilots, Captain Gaurav Taneja, uploaded a video on social media, alleging that pilots who availed sick leave had to forgo the subsequent weekly leave and the policy could have fatigued pilots at the flight controls. The second issue was airline’s alleged push for “flap 3’’ mode landings, which resulted in fuel savings. But on runways like Imphal, a flap 3 landing in tailwind condition is unsafe, he said adding that he was suspended by the airline for flagging such issues.

The DGCA began a probe and on June 29, issued a show cause notice to Capt Uppal, Capt Nema and the CEO of the airline. Prior to that, on June 26, Capt Taneja was terminated by the airline.

AirAsia India in a statement said that it “has complied with the directions of the regulator and appointed interim post holders in accordance with the regulator’s directions. As an airline that prioritizes safety above all, we continue to engage with the authorities and exercise the option to appeal for redressal.”

Advocate Yeshwant Shenoy, one of Capt Taneja’s lawyers said: “Pilots are always afraid to raise issues, especially in these times of job insecurities due to the pandemic’s impact on the airline industry. Had pilots stood up for safety issues, Calicut crash could certainly have been avoided.”

Capt Taneja’s spokesperson said: “It’s a clear win for a whistleblower against a a big organisation.’’

AirAsia India in a statement said that it has complied with the directions of the regulator & appointed interim post holders in accordance with the regulator’s directions