INDIA
The Supreme Court hearing began at 11 AM, on the pleas challenging the final-year examination guidelines issued by UGC.
In the Students vs UGC case, the Supreme Court of India on Tuesday began hearing pleas challenging 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. The matter was last heard on Friday, August 14.
The hearing began at 11 AM, on the pleas challenging the final-year examination guidelines issued by UGC. Notably, a group of 31 students from Assam, Bihar, Meghalaya, Uttar Pradesh, Karnataka, and other states have demanded that final year students be promoted on the basis of their past performances as opposed to the UGC guidelines that require universities across the country to conduct the final year examinations by September 30 amid the coronavirus disease (COVID-19) pandemic outbreak.
Solicitor General Tushar Mehta appeared for the UGC, to file a response to the affidavits and the question regarding the Disaster Management Act. He also walked the Supreme Court through the entire scheme of the UGC to help conduct the examinations safely and how students ought to keep preparing for the final year 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.
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.
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