[Breaking] Students vs UGC : SC To Pronounce Judgment Tomorrow On Pleas Against Final Semester Exams
27
Aug 2020 7:03 PM
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The Supreme
Court will pronounce verdict tomorrow in a batch of petitions which challenged
the direction issued by the University Grants Commission (UGC) on July 6 to
hold final semester examinations by September 30.
A bench
comprising Justices Ashok Bhushan, R Subhash Reddy and M R Shah had reserved
the judgment on August 18, after elaborately hearing various parties in the
case.
The main
arguments from the students' side are :
Compelling students
to appear for physical exams when the COVID-19 pandemic is intensifying exposes
them to serious health risks, affecting their right to life.
The uniform
direction issued by the UGC without taking into account local situations will
put several students to grave prejudice, as several areas are containment zones
and local lockdown is in prevalence in many regions.
The
pandemic and the lockdown have disrupted the classes, and conducting exams
without requisite number of classess is arbitrary and unreasonable.
There are
many students of final semester who have either cleared job interviews or
secured admission for higher courses. So granting them degree certificates at
the earliest based on past performance is the best course available to protect
the future of the students.
The option
of online exams is also not viable given the stark digital divide, and the lack
of uniform access to the internet across the spectrum.
Examination
is not the only mode of evaluation. UGC follows the concept of 'continuous
evaluation' of the student from day 1. Hence, internal assessments and
performance of past semesters can be reckoned to award final degrees.
The UGC
stated that the direction was issued in the best interests of the students. The
Ministry of Home Affairs told the Court that it has given an exemption for
opening educational institutions for the purpose of conducting exams.
Disaster
Management Act vs UGC Act
The case
also threw up the issue of conflict between Disaster Managment Act and the UGC
Act. This was in the context of the State of Maharashtra acting on the decision
of the State Disaster Management Authority to direct the cancellation of final
term exams. Hence, an issue arose in the case as to whose directions will
prevail - whether that of the SDMA or the UGC.
The UGC
maintained that in matters related to higher education, it remains the final
word and the SDMA cannot interfere in that domain. On the other hand, the State
of Maharashtra submitted that in the backdrop of COVID-19 pandemic, which has
been notified as a 'disaster' within the meaning of the DMA, the State Disaster
Management Authority posseses vast powers to take appropriate decisions to deal
with the situation to protect the lives of people.
State
Autonomy
Another
crucial issue in the case was whether State Governments possess autonomy in the
matter. The Governments of the National Capital Territoriy of Delhi, West
Bengal, Odisha, Maharashtra etc, have issued directions to cancel final term
exams. Therefore, the question was whether UGC can override the State
Governments in that regard.
It was
argued by the State Governments that the UGC has only the power to lay down
standards or education and cannot issue peremptory directions to universities.
It was further argued that the UGC can only lay down guidelines, that too after
consulting the Universities as per Section 12 of the UGC Act. The States
contended that the UGC took the decision without consulting them and without
taking account of the local situations.
Senior
Advocates Dr AM Singhvi (for petitioner Yash Dubey), Syam Divan(for petitioner
Yuva Sena), Arvind P Datar (for Maharashtra), K V Vishwanathan (for Delhi),
Jaideep Gupta (for West Bengal), Advocate Alakh Alok Srivastava(for
petitioners), Solicitor General Tushar Mehta (for UGC) etc made arguments in
the case.
Reports
about various submissions in the hearing may be read below :
