Supreme Court Decision on Final Year Exams Awaited
Supreme Court Decision on Final Year Exams Live: Supreme Court has adjourned the hearing of pleas challenging UGC Guidelines on Final Year Exams 2020 until 18th August 2020. The apex court was hearing pleas filed by multiple group of students, including Yuva Sena and a Group of 31 Students from across the country, who in their petitions had challenged the guidelines issued by University Grants Commissions of Holding the Final Year Exams 2020 for college and university students mandatorily. During the hearing, Dr Singhvi and Mr Divan had presented their arguments against the arbitrary nature of the UGC Guidelines for Final Year Exams 2020 and how they put Right to Life and also violate Article 14 by exhibiting
Stay tuned for live updates from the court room on SC hearing on UGC Guidelines 2020 challenging College and University exams for Final Year Students.
Court Adjourns Hearing Until 18th August – Tuesday
Following the hearing of arguments of Dr Singhvi and Mr Diwan, the court has decided to adjourn the hearing until 18th August 2020.
First Year and Final Year Students Cant Be Treated Differently
Mr Divan in his concluding arguments notes that the UGC guidelines differentiate between students, which is a homogenous group. Students from 1st Year or Intermediate Semester Students have been allowed to be promoted without exams while holding of exams for final year students has been made mandatory under the UGC’s Exam Guidelines. This arbitrariness is not fair to the final year students who would be required to risk their life and appear for the exams amid the pandemic. Mr Divan concludes his arguments with by highlighting the anxiety that the students are facing due to uncertainty around exams.
Exams Postponed when COVID-19 cases were in thousands, Shouldn’t be Held Now
Mr Divan referring to Section 6 of the National Disaster Management Act.(NDMA) says that local authorities are empowered by the law and are permitted to take necessary steps for “Prevention of Disaster and for Mitigation”. In the case of a pandemic, the purview of this section expands to cover prevention of spread that empowers local government to take necessary measures for the same. After invocation of Disaster Management Act, the status of ‘Right to Life’ is elevated and supersedes authorities of who cannot come in and exert power to dilute the provisions of the act.
Counsel also argues that, MHA and MHRD, both had not permitted holding of university and college exams at its normal time in April, when the COVID-19 case numbers in the country were in thousands. But, now UGC Guidelines mandates holding of exam that to based on a deadline when the case number has increased to lakhs and the intensity of the pandemic is increasing by the day.
Imposition of Deadline for Conduct of Exams not fair amid Pandemic
Continuing his arguments, Mr Divan also says that the Guidelines issued by the University Grants Commission also dictate a date or deadline by when all universities are expected to complete the Final Year Exams 2020. However, this is in complete contradiction to MHA’s Unlock 3.0 Guidelines, which directed all educational institutions to remain closed until 31st August 2020. Furthermore, MHA guidelines delegates the power to States to take liberty to impose further restrictions if required without diluting these guidelines any further.
Furthermore, imposition of a deadline for holding of exams, without taking into account the local situation and condition or without any mention of health concerns or improvement in COVID-19 case numbers, is very unusual on part of UGC. Mr Divan says that under normal circumstances imposition of deadline may work, but during a pandemic, it shows complete disconnect with the ground situation.
Exam Guidelines Should Be Tailored to Meet Local Needs
Addressing the issue of UGC Guidelines making Final Year Exams 2020 mandatory for students, Mr Divan argues that the guidelines are advisory in nature and therefore it should be left for universities and local administration to tailor the exact procedure and guidelines on the basis of local needs and prevailing conditions. He also adds that the previous guidelines issued earlier by the Commission were flexible and exhibited sensitivity towards students; however, the new ones are rigid in nature. He urges apex court to direct UGC to grant an element of autonomy to states and universities to take a final decision about college and university exams under the special circumstances of the pandemic.
UGC Guidelines Advisory in nature, Universities free to implement stricter measures
Following Dr Singhvi’s remaks, Senior Counsel Shyam Divan, who is representing Aditya Thackeray lead Yuva Sena, has started making his submissions before court. Taking a cue from Dr Singhvi’s arguments, Mr Divan also makes a strong submission with regards to Right to Life being supreme. He also says that UGC Guidelines are minimum standard of strictness to be adhered to by States and UTs and the local administrators are empowered to implement stricter measures but not water them down.
Mr Divan also adds that the UGC guidelines state that they are advisory in nature and Universities are free to chart out their own plan accordingly.
UGC Guidelines violates Article 14, Manifest Arbitrariness
In his concluding remarks on UGC guidelines that mandate holding of Final Year Exams 2020, the counsel Dr Singhvi argues that the guidelines violate Article 14 under the aspect of manifest arbitrariness. He adds in his argument that manifest arbitrariness means something that is “irrational, capricious & disproportional.” In the case of UGC Guidelines on Final Year Exams, the commission has issued a 'one size fits all' method and does not consider the issues of transport and accessibility. Guidelines donot provide relief to the students from exams during such an extraordinary situation of COVID-19 pandemic. Dr Singhvi also adds that “Nobody is against the exams in regular times. We are against the exams in pandemic time.”
Pandemic a Global Problem, Sup supersede Basic Rights
Furthering his arguments against holding of the Final Year University Exams 2020, Dr Singhvi says that COVID-19 pandemic is a global problem that is “State neutral, Class neutral, Political neutral”. In such situation NDMA has been used to supersede several of my rights including right to travel and right to property granted under Article 21. This was allowed under the NDMA law because Right to Life is supreme that was threatened by the special situation like Pandemic.
Pandemic Presents Special Scenario, NDMA Applies to Everything
Furthering his arguments on the matter, Dr Singhvi said that the earlier MHA had announced that all educational institutions will remain closed until further notice due to rising number of COVID-19. However, the Home Ministry has allowed reopening of colleges and universities for holding of Final Year Exams 2020, which presents a dichotomy in its stand.
He also added that National Disaster Management Act applies to everything and in every district. Courts also are required to be physically shut due to NDMA. In such case, making an exception for higher educational institutions goes against basic principle of rule of law.
Direct Relation between Teaching and Being Tested
Another argument that has been put forth by Dr Singhvi challenging the UGC guidelines is that there is a direct relationship between teaching and being tested. However, all educational activity, teaching everything was stopped for the last five months. In such situation, holding exams for final year students would prove to be counter intuitive.
Travel for Exam Puts Students at Risk of COVID-19 Infection
Dr. Abhishek Manu Singhvi who is the lead counsel on the matter has started making arguments against holding of final year exams for college and university students. Among the prime concerns that is being cited by the Mr Singhvi for squashing of UGC Guidelines is that to appear for the final year exams several college and university students would be required to travel to and from their home / hometowns. This will put them at serious and increased risk of exposure to Coronavirus infection. Dr Singhvi has urged the court to look at the Larger question right to life and safety, that might be put to risk through mandatory examinations.
UGC’s Guidelines To Protect Future of Students
Furthermore, the commission added in its reply to the SC that the decision to make holding of Final Year Exams 2020 compulsory for all university and college students was taken by the UGC after considering all the available options and in the interest of the academic and professional future of the students. The commission had also considered the prevailing conditions for COVID-19 pandemic and in line with it allowed several concessions in the process of holding the exams including allowing use of different format and modes of assessment for the term-end examinations. UGC on Monday informed Supreme Court had said that degrees would not be recognised if no examinations are held for final-year students even as the country was facing coronavirus crisis.
UGC Allowed to Conduct Final Year Exams, confirms Central Govt
On similar line, in reply to petitions filed by multiple petitioners, the Union Home Ministry has also informed the apex court that it has given special permission or opening of colleges and university premises during the on-going COVID-19 pandemic situation for holding of the term-end exams for students. Union Home Ministry has informed the Supreme Court that issued a notification to the UGC that it would allow final term exams in the academic interest of students. The matter is still pending in the court. The central govt added that directions to allow holding of Final Year Exams 2020 have been issued under NDMA to conduct exams,
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