Students vs UGC: Supreme Court unlikely to pass verdict today on final year exams; here's where the case stands

In the Students vs UGC case, the Supreme Court of India is unlikely to pronounce its verdict today (i.e. August 27, Thursday on the petitions filed against the University Grants Commission (UGC) mandate that requires universities across the country to conduct the final year examinations by September 30 amid the coronavirus disease (COVID-19) pandemic outbreak. A three-judge bench has been hearing the case. The arguments for and against the case have been heard.

The court has not listed the matter for hearing even today as the uproar against the UGC's decision by the students still continues. 

The matter was last heard on August 18. The top court is yet to announce the date when it would pronounce its final judgment. The matter is not listed in the cause list for today and the final decision has yet again been shifted to another day.

The reason was made public in a tweet by Alakh Alok Srivastava, advocate at the Supreme Court of India. He wrote yesterday, "Our UGC matter is NOT listed in tomorrow’s Supplementary Cause List. Thus, SC is UNLIKELY to pronounce the final order tomorrow. I really wish & hope that the final order is passed ASAP. Uncertainty is causing severe anxiety to the students! Will update once the final order is notified."

Our #UGC matter is NOT listed in tomorrow’s Supplementary Cause List.

Thus, SC is UNLIKELY to pronounce final order tomorrow.

I really wish & hope that final order is passed ASAP.

Uncertainty is causing severe anxiety to the students!

Will update once final order is notified.

— Alakh Alok Srivastava (@advocate_alakh) August 25, 2020

Students vs UGC case: What happened in the last Supreme Court hearing?

A 3-member bench comprising Justices Ashok Bhushan, R Subhash Reddy, and MR Shah reserved its judgment and directed all the parties to submit a note on their submissions within the next three days.

During the hearing, the Supreme Court questioned if it's possible for universities to dilute standards fixed by UGC. "If there is a direction of UGC, the university cannot dilute it. If one university dilutes it, every other university will act in the same manner."

Solicitor General Tushar Mehta for UGC noted that while the universities can seek an extension of the September 30 deadline, they do not have the right to confer degrees without holding examinations.

Earlier on August 10, the Solicitor General had told the Supreme Court that the UGC is the only body that can prescribe rules for conferring a degree and that states cannot change the rules. He also contested that conducting the final year examinations, as decreed by the UGC, is mandatory and it is not in the interest of students to not have exams.

Appearing for the students, advocate Abhishek Manu Singhvi pointed out that there is a great disparity of students appearing for the exams who would have to travel for the exams, which poses a direct risk to the COVID-19 situation in the country, as it is of the utmost importance right now to minimize the spread of the virus.

"UGC guidelines violate Article 14 of the Indian Constitution under the aspect of manifest arbitrariness," Singhvi had said, adding that the National Disaster Management Act (NDMA) is applicable in every district. The Supreme Court had, in turn, asked the Solicitor General if the Disaster Management Act overrides the statutory privileges of the UGC.

What is the Students vs UGC case all about?

The petitioners argue that it is unsafe in the current situation of the pandemic to conduct the examinations. The UGC has said that there was enough time to conduct the examinations in a manner that the universities see fit.

While states such as Maharashtra and Delhi have officially opposed the UGC decree and have cancelled the final year examinations in the respective state universities, the UGC has, in turn, contested that the final year examinations are mandatory as the degree cannot be allotted without proper assessment.