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.
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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.