Supreme Court hearing on UGC guidelines for holding final year exams: Hearing begins, check latest updates
The UGC had filed an affidavit in the apex court and justified its decision directing all universities and institutions to hold final year/semester examinations in September saying it was done to protect the academic future of students across the country.
Highlights
- UGC had questioned the decisions of Delhi and Maharashtra to cancel final year exams
- 'Only UGC is empowered to prescribe rules for conferring degree'
- UGC justified its decision to hold final year/semester examinations in September
Image is used for representational purpose only. NEW DELHI: The University Grants Commission (UGC) had in the Supreme Court questioned the decisions of Delhi and Maharashtra governments to cancel final year exams of state universities amid the Covid-19 pandemic, saying they were against the rules.
The matter is currently being heard in the Supreme Court. Check the Live Updates here:
12.17 pm: Divan says that the UGC guidelines state that they are advisory in nature. Universities are free to chart out their own plan accordingly.
12.16 pm: States and UTs can make these stricter (Disaster Management guidelines) but not water them down.
12.15 pm: Referring to the circulars issued by the MHA under the DM Act, Divan says, "These guidelines lay down a minimum standard of strictness to be adhered to by States and UTs. They may not dilute it."
12.12 pm: Senior Counsel Shyam Divan, who's representing Yuva Sena, says, "Students are a homogenous class, invigilators are a homogenous class, people living with students are a homogeneous class".
12.12 pm: Nobody is against the exams in regular times. We are against the exams in pandemic time.
12.11 pm: The UGC guidelines now is a 'one size fits all' method and does not consider the issues of transport and accessibility. UGC does not deal with exams during such an extraordinary situation. The affidavit does not refer to Maharashtra reply and UGC does not address whether provisions of DM Act will override everything else: Singhvi
12.10 pm: Singhvi says, "Most important legal aspect - I will now show the consistent stand of the MHA that all institutions must be closed. And, MHRD reiterated and affirmed this stand at times."
12.05 pm: Exam is not an end in itself. Exam must happen after teaching, says Singhvi
12.00 pm: Maharashtra, Punjab, WB, Rajasthan and Orissa are the states that have decided to not take the exams. My Lords, there is no convergence. The next academic session will start late due to uncertainty. Half are here and half are there: Singhvi in SC
11.45 am: Singhvi said, "Students have gone back to their hometowns. Maharashtra has the highest number of Covid cases across the country."
11.30 am: Abhishek Manu Singhvi, advocate for the students, argued that the number of Covid-19 positive cases have been increasing exponentially across the country. Conducting exam in these conditions could impact health of students.
The UGC matter came up before a Supreme Court bench headed by Justice Ashok Bhushan today. Advocate for the students is seeking to cancel the exam.
Solicitor General Tushar Mehta had told a bench headed by Justice Ashok Bhushan that states cannot change the rules of the UGC as only it is empowered to prescribe rules for conferring degree.
Mehta argued that not conducting exams will not be in the interest of students and degrees may not be recognized if the states would act unilaterally.
The apex court was hearing a batch of pleas which have challenged the July 6 directive to all the universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic.
During the hearing conducted through video-conferencing, Mehta informed the bench about the decisions of Delhi and Maharashtra to cancel final year exams of state universities.
He said that the UGC would file its response on the affidavits filed by Maharashtra and Delhi in the matter.
The bench granted time to the UGC to file response and posted the matter for further hearing on August 14.
The UGC has told the Supreme Court that final examination is a “crucial step” in the academic career of a student and the state government cannot say that its July 6 directive, asking universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic, was “not binding”.
It said the guidelines provides sufficient flexibility to the universities or institutions for conducting the final year or terminal semester examinations and it had duly consulted the stakeholders before issuing it.
Advocate Alakh Alok Srivastava, appearing for some of the petitioners, had claimed that the July 6 guideline for holding exams are neither legal or constitutionally valid.
The UGC, in its affidavit filed through advocate Apoorv Kurup, said Maharashtra could not fall back on the DM Act to encroach into a domain exclusively reserved for the commission. "The State Disaster Management Authority's June 18 decision not to hold last year final semester examination of both professional and non-professional courses and the consequent government resolution dated June 19 as well as the state authority's July 13 decision reiterating non-holding of examination, are in violation of the UGC's April 29 and July 6 guidelines, which must be followed by universities/institutions and, as such, are void ab initio," the commission said.
The UGC emphasised the need to conduct terminal or final examinations, saying it was a crucial step in the academic career of a student. "Therefore, the UGC has issued such guidelines to protect the academic future of students across the country which will be irreparably damaged if their final year/terminal semester examinations are not held, while also keeping in mind their health and safety," it said.
Maharashtra could not cite developments "at the grassroots level" to nullify/override UGC's guidelines, and allow students to graduate without appearing for final examinations, it added.
The UGC has told the Supreme Court that final examination is a “crucial step” in the academic career of a student and the state government cannot say that its July 6 directive, asking universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic, was “not binding”.
The matter is currently being heard in the Supreme Court. Check the Live Updates here:
12.17 pm: Divan says that the UGC guidelines state that they are advisory in nature. Universities are free to chart out their own plan accordingly.
12.16 pm: States and UTs can make these stricter (Disaster Management guidelines) but not water them down.
12.15 pm: Referring to the circulars issued by the MHA under the DM Act, Divan says, "These guidelines lay down a minimum standard of strictness to be adhered to by States and UTs. They may not dilute it."
12.12 pm: Senior Counsel Shyam Divan, who's representing Yuva Sena, says, "Students are a homogenous class, invigilators are a homogenous class, people living with students are a homogeneous class".
12.12 pm: Nobody is against the exams in regular times. We are against the exams in pandemic time.
12.11 pm: The UGC guidelines now is a 'one size fits all' method and does not consider the issues of transport and accessibility. UGC does not deal with exams during such an extraordinary situation. The affidavit does not refer to Maharashtra reply and UGC does not address whether provisions of DM Act will override everything else: Singhvi
12.10 pm: Singhvi says, "Most important legal aspect - I will now show the consistent stand of the MHA that all institutions must be closed. And, MHRD reiterated and affirmed this stand at times."
12.05 pm: Exam is not an end in itself. Exam must happen after teaching, says Singhvi
12.00 pm: Maharashtra, Punjab, WB, Rajasthan and Orissa are the states that have decided to not take the exams. My Lords, there is no convergence. The next academic session will start late due to uncertainty. Half are here and half are there: Singhvi in SC
11.45 am: Singhvi said, "Students have gone back to their hometowns. Maharashtra has the highest number of Covid cases across the country."
11.30 am: Abhishek Manu Singhvi, advocate for the students, argued that the number of Covid-19 positive cases have been increasing exponentially across the country. Conducting exam in these conditions could impact health of students.
The UGC matter came up before a Supreme Court bench headed by Justice Ashok Bhushan today. Advocate for the students is seeking to cancel the exam.
Solicitor General Tushar Mehta had told a bench headed by Justice Ashok Bhushan that states cannot change the rules of the UGC as only it is empowered to prescribe rules for conferring degree.
Mehta argued that not conducting exams will not be in the interest of students and degrees may not be recognized if the states would act unilaterally.
The apex court was hearing a batch of pleas which have challenged the July 6 directive to all the universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic.
During the hearing conducted through video-conferencing, Mehta informed the bench about the decisions of Delhi and Maharashtra to cancel final year exams of state universities.
He said that the UGC would file its response on the affidavits filed by Maharashtra and Delhi in the matter.
The bench granted time to the UGC to file response and posted the matter for further hearing on August 14.
The UGC has told the Supreme Court that final examination is a “crucial step” in the academic career of a student and the state government cannot say that its July 6 directive, asking universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic, was “not binding”.
It said the guidelines provides sufficient flexibility to the universities or institutions for conducting the final year or terminal semester examinations and it had duly consulted the stakeholders before issuing it.
Advocate Alakh Alok Srivastava, appearing for some of the petitioners, had claimed that the July 6 guideline for holding exams are neither legal or constitutionally valid.
The UGC, in its affidavit filed through advocate Apoorv Kurup, said Maharashtra could not fall back on the DM Act to encroach into a domain exclusively reserved for the commission. "The State Disaster Management Authority's June 18 decision not to hold last year final semester examination of both professional and non-professional courses and the consequent government resolution dated June 19 as well as the state authority's July 13 decision reiterating non-holding of examination, are in violation of the UGC's April 29 and July 6 guidelines, which must be followed by universities/institutions and, as such, are void ab initio," the commission said.
The UGC emphasised the need to conduct terminal or final examinations, saying it was a crucial step in the academic career of a student. "Therefore, the UGC has issued such guidelines to protect the academic future of students across the country which will be irreparably damaged if their final year/terminal semester examinations are not held, while also keeping in mind their health and safety," it said.
Maharashtra could not cite developments "at the grassroots level" to nullify/override UGC's guidelines, and allow students to graduate without appearing for final examinations, it added.
The UGC has told the Supreme Court that final examination is a “crucial step” in the academic career of a student and the state government cannot say that its July 6 directive, asking universities and colleges to conduct final year examinations by September 30 amid the Covid-19 pandemic, was “not binding”.
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