SC hearing on students vs UGC guidelines plea Highlights: Order reserved on plea against holding final year exams
The Supreme Court is hearing a plea filed by students against the UGC’s July 6 order to conduct final year exams by September 30. A bench of Justices Ashok Bhushan, R Subhash reddy and MR Shah began the hearing at 11am. The Supreme Court has reserved its decision on all petitions challenging July 6 UGC Guidelines for mandatory conduct of final year university exams. SC has allowed parties to file written submissions of their arguments in three days.Earlier on August 14, a bench of Justices Ashok Bhushan, Subhash Reddy and MR Shah adjourned the matter for August 18. Arguing for petitioners on that day, senior advocate Shyam Divan had told the Court that students constitute a homogenous class and health of final year students is as important as that of other year or batches. Appearing for other petitioner, senior advocate Abhishek Manu Singhvi also argued that colleges across India cannot be expected to have same facilities. Many colleges have not held classes. He also opposed holding of final year exam saying how can UGC decide to hold mandatory exams when teaching has not been held and Covid-19 pandemic is at the peak. Meanwhile, the Supreme Court on Monday rejected the plea filed by 11 students to postpone the JEE Mains and NEET exams due to the Covid- 19 situation. A SC bench said “life has to go on” despite the outbreak of the viral disease and the court cannot put the career of students in jeopardy by interfering with the decision of the National Testing Agency (NTA) to hold the examinations in September.Check Highlights of the proceedings here:
SC reserves decision on all petitions challenging July 6 UGC guidelines
The Supreme Court reserves decision on all petitions challenging July 6 UGC Guidelines for mandatory conduct of final year university exams. SC has allowed parties to file written submissions of their arguments in three days.
02:02 pm ISTExplain how UGC Act can override an order issued by disaster management authority: SC to Solicitor General
Court asks SG Mehta to explain how UGC Act can override an order issued by state disaster management authority. The Court said there is a doubt over this issue still. Court allows all parties to file their written submissions in three days.
01:57 pm ISTDisaster Management Act has statutory supremacy in time of disaster: SG
SG repeats that this case should not be seen as a conflict between Centre and states. The Disaster Management Act has statutory supremacy in time of disaster which can either be local or spread across nation.
01:55 pm ISTUGC guidelines has statutory or legal force: SG
SG informs Court that it is wrong to assume that UGC Guidelines are “mere preaching”. He reads out UGC Act to suggest that all guidelines of UGC shall be followed by all Universities. So the guideline of July 6 has statutory or legal force.
01:50 pm ISTMost universities in states objecting against UGC guidelines have held their exams: SG
Many states which are now objecting to holding of exams, most universities in their states have held their exams. In Delhi out of 8 state universities, 6 have conducted exams. Court asks SG to supply the details in writing to the Court.
01:47 pm ISTUGC guidelines vetted by Ministry of Health: Solicitor General
The UGC guidelines were vetted by Ministry of Health and Family welfare and all precautions were prescribed for holding exams. So it’s wrong to say that the Centre did not take into account the ground situation and public health concerns, the Solicitor General said
01:35 pm ISTUGC Guidelines is flexible, we have given 3 modes to write exams: Solicitor General
SG tells Court that Maharashtra appointed expert committee in May that recommended exams for final year students between July 1-31. On June 19 state took a somersault. SG states that UGC Guidelines is flexible. It is based on rationale that degree has to be awarded based on exam. We have given three modes to write exam, time fixed to hold exams extended from July 31 to September 30. If anyone is unable to give exam, he/she will get another chance after September 30.
01:13 pm IST‘Don’t want to make it centre vs state fight’: Solicitor General Tushar Mehta
Solicitor General Tushar Mehta begins arguments for UGC. He said,”UGC Guidelines governs 900 universities across India. Don’t want to make it Centre vs state fight. Both are supreme in their own spheres.”
12:42 pm ISTNo contradiction between April 29 and July 6 UG guidelines: SC
Delhi raises the question that there is discrimination between those Universities which followed April 29 guidelines of UGC and those which are now being forced to conduct test.
Court says, “There is no contradiction between April 29 and July 6 guidelines. The latest guidelines only prescribes the methodology of holding exams.”
12:38 pm ISTNo rational difference final year and other year students: Advocate
There is no rational difference between final year and other year students. Other year students are being assessed on internal assessment while final year students’ life put to risk by asking them to either take online or offline test, the advocate said.
12:35 pm ISTPublic health is the issue, state has power to direct cancellation of exams: Advocate
Students cannot access libraries, textbooks, tuition. Nobody wants to venture out as elderly people at home are vulnerable. Even for online exams students suffer from connectivity problems. So public health is directly in issue and state has power to direct cancellation of exams, the advocate representing Delhi said
12:30 pm IST6 out of 8 universities in Delhi have completed exams, but students are facing difficulties: Sr advocate representing Delhi
Delhi tells SC that out of 8 state universities six have completed exams. But students are faced with handicaps for offline or online exams. Senior advocate KV Vishwanathan representing Delhi.
12:28 pm ISTUGC didn’t consult any medical experts to understand the realities before issuing guidelines: Advocate General of WB
Kishore Dutta, Advocate General of West Bengal tells Court that state is duty bound by its constitutional duty to protect health of citizens. This concern is not addressed by UGC. UGC did not consult any health or medical experts to understand the practical ground realities before issuing July 6 order.
12:22 pm ISTSouth Bengal districts affected by Cyclone Amphan, most people were evacuated: Advocate
South Bengal districts are affected by cyclone and most people including students have been evacuated. To hold physical exams is not possible. On holding online exams both state and students lack digital infrastructure, the advocate said.
12:20 pm ISTSection 12 of UGC Act requires consultation with states and university: WB
West Bengal points out that UGC order of July 6 is not a statutory document but an executive order. Section 12 of UGC Act required consultation with states and university. This was not done.
12:16 pm ISTWest Bengal begins argument
Odisha concludes arguments and West Bengal begins arguments. Senior advocate Jaideep Gupta is addressing Court for organization of university teachers of West Bengal
12:15 pm ISTOdisha tells SC that it is not possible to hold exams due to Covid situation
Odisha tells SC that it is not possible to hold exams due to Covid situation. It stated that examination is culmination of 6 semesters and students are being marked based on performance of five semesters.
Now Covid cases have peaked in Odisha. More than 2 lakh students are in final year. Most students have returned back home. Several students are in rural areas where connectivity and availability of laptops and computer is a challenge and hence online exams cannot be conducted.
12:02 pm ISTCourt is hearing the arguments made by state of Odisha
Maharashtra concludes argument. Now Court is hearing the state of Odisha.
11:53 am ISTUGC didn’t consult states before releasing guidelines: Maharashtra tells SC
Maharashtra tells SC that UGC didn’t consult states affected by Covid before coming out with its July 6 guidelines. It further pointed out that on April 29 the UGC Guidelines said universities ‘may’ conduct guidelines. This discretion is not there now as Universities have to compulsorily conduct exams by September 30.
11:45 am ISTMost students enrolled in Maharashtra are from different states: Advocate
Maharashtra today has 1.4 lakh active Covid cases. Senior advocate Arvind Datar representing the Maharashtra state said,”There are 13 universities in Maharashtra with 11 lakh students. Most students studying in Maharashtra come from outside the state. At present most colleges are Covid testing centres. Hostels have been converted into quarantine facilities. There is no way universities can conduct exams by September 30 in these circumstances.”
11:36 am IST‘No dispute that Maharashtra is suffering the worst conditions’: SC
Court agrees that there is no dispute that Maharashtra is suffering the worst due to Covid
11:36 am ISTUGC cannot insist on holdiing exams, it is on university’s discretion: Advocate
Advocate Datar responds that an extraordinary situation of Covid is prevailing. Also UGC cannot insist on holding exams by September 30 as conduct of examination, when to hold it depends on University’s discretion, Datar said.
11:33 am ISTUniversity can’t dilute standards fixed by UGC on holding exams: SC
Court tells Datar, “If there is a direction by UGC fixing the standard of holding examination, can the University dilute those standards? If that is permitted, every University will have a different system of passing students. You cannot dilute the standards.”
11:26 am ISTAll universities across India don’t follow semester system: SC
Court tells Datar that all universities across India do not follow semester system. The court wants Datar to take a holistic view of country. Datar replies that his instructions are that semester system is followed across the country. Solicitor General Tushar Mehta appearing for UGC denies this statement.
11:22 am IST5 semester are over, internal assessment for 6th semester is done: Advocate Datar
Arvind Datar tells court that welfare of students need to be the question that needs to be seen. He points out that the academic assessment followed in Maharashtra assesses students from Day 1. He claims that in Universities in Maharashtra follow semester system. At present five semesters are over and internal assessment for sixth semester is done.
