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SC UPHODLS UGC DIRECTIVE: NO PROMOTION WITHOUT EXAMS

Supreme Court has upheld UGC decision to hold final year exams by Sep 30. The court held that the states must hold exams to promote students, it added that if any state feels they can’t conduct exams, they must approach UGC for suitable reliefs.

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Supreme Court  has upheld UGC decision to hold final year exams by Sep 30. The court held that the states must hold exams to promote students, it added that if any state feels they can’t conduct exams, they must approach UGC for suitable reliefs.

Court  disposed of the petitions challenging the guidelines issued by the University Grants Commission (UGC) for conducting final semester exams by September 30 with following orders :

1. The bench has refused the prayer to quash the UGC guidelines to hold the exams.

2.The directions of State Disaster Management Authority for canceling exams in that particular State will prevail over the UGC directions.

3. However, the direction of the State Disaster Management Authority to pass the students on the basis of previous performance is beyond the scope of the Disaster Management Act.

4.States/UTs cannot promote final year students without examination as ordered by UGC. States/Union Territories given liberty to approach the UGC to seek postponement of the exams in the light of COVID19 pandemic situation.

A host of Senior Counsel including Abhishek Manu Singhvi, Shyam Divan, and Arvind Datar argued in favour of the interests of the students. They pointed out that the decision taken by some state governments to cancel the exams was only on account of the rising COVID-19 figures. Under normal circumstances, a deferment or cancellation of exams would not be stipulated.

1.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.

2.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.

3.The pandemic and the lockdown have disrupted the classes, and conducting exams without requisite number of classess is arbitrary and unreasonable.

4.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.

5.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.

6.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.

Read Also: Supreme Court throws out appeal seeking inquiry against former CJI Ranjan Gogoi

In its reply, UGC averred that the state governments are taking contradictory stands with regard to starting the academic session and conduct of the final year exams.

Initially, a total of 31 students from different universities across India had approached the Supreme Court to quash the UGC circular directing universities to wrap up final year examinations by September 30.

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Pawan Khera faces fresh setback as Supreme Court refuses relief in passport row case

Congress leader Pawan Khera faces fresh setback as Supreme Court refuses interim relief and directs him to seek bail from Guwahati High Court.

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Pawan Khera

Congress leader Pawan Khera suffered another legal setback on Friday after the Supreme Court of India declined to extend protection in a case linked to his remarks about Himanta Biswa Sarma’s wife.

A bench of the apex court refused to interfere with an earlier order that had stayed the transit anticipatory bail granted to Khera by the Telangana High Court. This decision leaves the Congress leader open to possible arrest by Assam Police in connection with the case.

During the hearing, Khera’s counsel sought interim protection, but the court declined the request and advised him to approach the appropriate court in Assam for relief. The bench clarified that the Guwahati High Court should decide any bail plea independently and on its merits.

“Am I a terrorist?” remark during hearing

While seeking protection, Khera’s legal team expressed concern over the urgency of the situation. In court, his counsel remarked, “Am I a terrorist?” highlighting the plea for temporary relief until a fresh bail application could be filed.

The Supreme Court also raised concerns over the submission of incorrect documents during the proceedings, adding another layer to the legal complications faced by the Congress leader.

Case linked to remarks on CM’s wife

The case stems from a press conference held earlier this month, where Khera made allegations regarding the citizenship status and financial assets of the Assam Chief Minister’s wife, Riniki Bhuyan Sharma.

He had claimed that she possessed multiple passports and owned undisclosed overseas properties. These allegations were strongly denied by the Chief Minister’s family, who termed them fabricated and misleading.

Legal battle intensifies

Earlier, the Telangana High Court had granted Khera temporary transit anticipatory bail, allowing him time to seek relief from a competent court in Assam. However, the Supreme Court stayed that order following a challenge by Assam authorities, escalating the legal battle.

With the latest ruling, Khera is now expected to move the Guwahati High Court for anticipatory bail as the case continues to unfold.

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Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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