Supreme Court heard the petition to cancel the last exam
The Supreme Court ruled on arguments opposing the UGC Final Term Examination Guidelines, the Supreme Court on 18 August opposed the UGC Final Term Examination Guidelines. A final order was given in the final term examinations on 30 September on a petition seeking cancellation of the examination.
The SC obtained the final order, SC directed all parties to file a written application, if any, within a period of 3 days.
SG Mehta concluded that universities can postpone examinations, however, they cannot decide to confer degrees without conducting examinations.
SG Mehta says that the exam deadline issued by UGC was given in the interest of the students, it was not fixed.
“Under the act of Disaster Management, the central government has supremacy to take decision,” S.G.
“The UGC guidelines have been challenged before the court, a statutory mandate,” says S.G.
SG Mehta states that the standard operating procedure issued by the UGC talks about thermal scanning, masks, social disturbances. All these steps have been taken to ensure that the students are in good health.
SG Mehta says that, “It is necessary to conduct the final year UG examination. One cannot say that it is arbitrary.” He says that recently many universities had conducted final word exams – online, offline and in hybrid mode. The final year is the degree year, the test cannot be taken.
Connection restored, SG Mehta continued his productions.
Connection to SC bench lost due to connectivity problem. Hearing will begin soon
Solicitor-General Tushar Mehta made his presentations.
Navre says, “In its broader dimension, the maximum time limit can be shifted. But, states cannot be instructed not to conduct the exam.”
Senior advocate Vinay Navre made his presentations describing the decision taken by the UGC within the four corners of its powers. It does not exceed its power.
Senior Advocate P. s. Narasimha began his presentation by highlighting the importance of the final year exam in assessing a student’s ability for higher education or foreign education purposes. “I don’t think the guidelines given by the UGC are on health issues, as Vishwanathan has said,” he said. We should move forward.
Advocate Kishore Lambat, representing the interventor, made his presentations and highlighted that there are parents who have lost jobs and students are facing difficulties.
Advocate Alakh Alok Srivastava started his submission. He says that these examinations will have a direct impact on the health of millions of students and hence health experts should be consulted.
Senior advocate Meenakshi Arora, representing one of the petitioners, began her presentations. Meenakshi Arora argues, “Some students can don’t take the exam now, some do. The remaining students will lose opportunities and jobs later.”
Mr Viswanathan says, -The hard working people would be the poor, the downtrodden and the people without technology.
Mr Viswanathan says, “The strongest argument for SG is that there are few previous circular guidelines about exam. However, they may not be mandatory.”
Senior advocate KV Vishwanathan, who represented the Delhi government, made his presentations. He says that not all students have access to books and study material. It even has a hand in online.
Justice Bhushan says also, “The UGC guidelines say that all health-related guidelines have to be followed. You can not say that they have not looked at public health.”
Adv General Kishore Dutta, representing the state of West Bengal, said, in view of Kovid-19, the UGC has not taken into account the extraordinary situation and has decided that it is 2019 or 2018. Dutta claims that he (UGC) has no connection with public health.
The UGC didn’t seek effective counselling was necessary,” says Gupta, if they had consulted even person per person, then they would have understood the difficulties,” he said.
Justice Bhushan says, “We have already said before, if it is allowed, all universities can developed their own methods.”
Senior advocate Jaideep Gupta, representing the Teachers Association of West Bengal, made his presentations. Says Gupta, “My submission is that the UGC Guideline of July 6 is not a statutory document. It is unfair to cancel the examinations to be held till September 30.”
Odisha of the AG says, “The Kovid-19 cases in Odisha are at their peak. Under the present circumstances, it would be completely impossible for the state to conduct the examination as mandated by the UGC.”
You should know about the case:
Last week, a bench of Justice Ashok Bhushan adjourned the hearing on the case, arguing that cancellation of last term examination is inconclusive in view of COVID-19 status.
Senior advocate Abhishek Manu Singhvi, representing the student’s petition, highlighted the seriousness of the situation and said that India ranks third among the most COVID positive cases in the world, adding that it accounts for about 900 deaths per day. . And 50-60,000 new cases are coming every day.
Singhvi said that for five months, the MHA has shut everything down. “There is a direct connection between teaching and taking an exam. There can be no teaching without an exam!” He added.
The senior advocate argued that education is not special here; The epidemic here is special. “The epidemic applies to everyone and everything,” he said. Singhvi termed the UGC circular as ‘farmer’ and said that the commission has issued an order to hold the examination till 30 September.
Singhvi further said that even a first year student would be able to say that it is not federal. “This particular situation is extra-ordinary. The epidemic is state-neutral, political color-neutral, mass-neutral,” he said.
Senior advocate Shyam Dewan, appearing on behalf of another petitioner, told the bench that if the lockdown was going on, could the UGC revoke its guidelines? If it could not do it at that time, it could not do it now, he said.
Divan said, “As per information in Maharashtra, it has been reported that the number of cases is increasing. Some states have colleges which have been taken for quarantine facilities.”
He said that the Central Government guidelines for the June 29, 2020 phase (Unlock 2) stated that schools, colleges and coaching institutes would not be allowed to open and online distance education would be encouraged and these restrictions would come to an end in August. Continue till Will remain
Dewan said that the students are a homogenous class and the UGC cannot say that the life of 3-year-old students is shorter than that of 1-year or 2-year students.
“Teachers and supervisors are also a homogenous class. Their health and their lives are also important. It doesn’t matter what class or semester you teach. Many students live with their families. Their grandparents and parents- With father. Students cannot show., But they will come in contact with their families. Please have some concern for them.
The UGC on Thursday filed an affidavit in the Supreme Court, stating that the Delhi and Maharashtra government’s decision to cancel the last term exam would “directly affect the standards of higher education in the country”.
The affidavit was filed in a batch of petitions challenging the July 6 circular of the UGC and demanded the cancellation of the final term examination in view of the COVID-19 status.
Earlier, the governments of Delhi and Maharashtra had told the apex court that they had canceled the examination in the Union Territory and the State respectively.