HC clears decks, SSC exams to be held in Goa from May 21

PANAJI: The high court of Bombay at Goa has held that conducting SSC examinations after May 18, 2020, is not in violation of the order issued by the National Disaster Management Authority, and declined to interfere with the exams scheduled by the Goa Board from May 21.
“At least prima facie, it is not possible to accept the contentions raised by the petitioners that one-time holding of examination is an activity which is squarely covered under clause 4(vi) of the order dated May 1, 2020. The holding of such examination is not the same thing as conduct of regular activities in schools, colleges etc,” the high court stated.
While clause 4 of the order provides that certain activities will continue to remain prohibited for a period of two weeks from May 4, the court stated that the period ends on May 18.
“The examinations are scheduled to be held on May 21. Therefore, strictly speaking, the holding of examinations beyond May 18 cannot be said to be in contravention of clause 4 of the order,” said Justice Mahesh Sonak.
The court found that the apprehension of the petitioners was not supported by concrete material, and stated that it would not be possible to interfere with the conduct of the examination.
“…The state government and the Goa board will have to take all measures necessary to ensure the safety of students as well as personnel involved in holding of such examinations,” the court said, adding that “…directions are issued to both the state government as well as Goa board to ensure that all such measures are implemented and lives and well-being of students and personnel to conduct the examinations are not put into any serious jeopardy.”
Apart from this, the state government and Goa board will also have to continuously monitor and assess the situation at examination centres, and, if necessary, issue suitable orders so that there is no compromise on the issue of safety and well-being of the students and personnel.
The court said that although the SSC examination is a milestone, as urged by the advocate general, the safety and well-being of students will be priority and will undoubtedly rank over and above such milestone.
The court said that although the petitioners expressed apprehensions of risk, they failed to make out a case that the state government and the Goa board was not conscious of such risk or that the decision to hold the exam was made without assessment of the risk.
While declining interim relief in the case, the court ordered that the matter be placed for consideration in regular course.