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Supreme Court On final Year exams live updates

18 Aug 1:57 (IST)
SG makes a final submission that the entire country is working.
“The students are 21-22-year-olds. Can you really believe that they will not be going out ?”

Bench: This much is clear. The only question that needs to be answered is whether a University’s decision can override the Guidelines.


SG: Under this Act, the Central Government does have the supremacy to decide.

18 Aug 1:54 (IST)
SG: I don’t wish to travel in the area of whether Centre is supreme or State is Supreme. The Act is designed in a way that a disaster can be a local disaster or a disaster can be pan-India.

18 Aug 1:47 (IST)
Mehta: SG: UGC Act derives its power from Entry 66 of List 1 in Schedule 7.

It is S. 12 which provides functions of University.



18 Aug 1:47 (IST)
SG: UGC Act derives its power from Entry 66 of List 1 in Schedule 7. I want to draw your attention to Section 12 which provides functions of University.

SG (for UGC) in SC: The UGC and other Regulators exist for the protection of interests of stakeholders. Here, students are the main stakeholders.

18 Aug 1:46 (IST)
SG now refers to State of Maharashtra’s 13 July affidavit.

SG: What is the position ? We are not only dealing with 4-5 states. It is a pan-India issue.

18 Aug 1:44 (IST)
SG: The UGC and other Regulators exist for the protection of interests of stakeholders. Here, students are the main stakeholders.

SG: The SOP talks about thermal scanning, masks, social distancing, and this was approved so as to ensure that students’ health was fine.

18 Aug 1:08 (IST)
Navare: This is not an opportunity to gain popularity amongst students by Chief Ministers of States. The DMA does not give the SDMA any power to do this.

18 Aug 1:06 (IST)
Navare: I must raise the issue that students seeking for examinations not to be held cannot be heard under Article 32 at all.

Navare: I must raise the issue that students seeking for examinations not to be held cannot be heard under Article 32 at all.

18 Aug 1:03 (IST)
Narasimha: I don’t think the Guidelines given by UGC contravene the issues of health as Vishwanathan has said. We must move forward.

18 Aug 12:58 (IST)
Narasimha: Many students, for going to higher education abroad, it is to be noted that the final examination is absolutely necessary.

18 Aug 12:54 (IST)
Adv. Kishor Lambat, for the Intervenor, makes his submissions. He highlights that there are parents who have lost jobs and students are facing hardships.


18 Aug 12:51 (IST)
Alakh Alok further highlights that there are flood-affected areas as well which impede the conduct of exams.

Bench notes that these arguments have been made before.

18 Aug 12:47 (IST)
Alakh Alok: Further, the nature of the exams should be told to the students at the beginning of the semester. The session began in July 2019. Of course the pandemic could not be foreseen.

18 Aug 12:43 (IST)
Srivastava: Section 14 of the UGC Act says that if a University fails to comply with UGC Guidelines, UGC can stop giving it grants. That’s the widest scope. 

18 Aug 12:34 (IST)
Vishwanathan: The scenario we are in today, there has to be a different method which is devised. This is an extraordinary situation.

18 Aug 12:30 (IST)
KVV: We have submitted our affidavit.
Manish Sisodia announced that exams may not be held leaving it open for the universities to hold their exams.
SC observes that 3 universities have conducted their exams also. Vishwanathan highlights the divide between rich and poor students, with the latter having no access to proper technology.

18 Aug 12:24 (IST)
Datta: In this pandemic, States like Maharashtra and West Bengal cannot be treated to be the same.
UGC has taken this decision unilaterally

18 Aug 12:21 (IST)
Sr. Adv. Jaideep Gupta concludes his submissions.
AG of State of West Bengal, Kishore Datta, now begins making his submissions.

18 Aug 12:14 (IST)
Gupta: To insist for an examination for the last semester is not reasonable because there is no difference between the last semester and the second semester or any other semester.

Gupta: It is not a reasonable proposition because every semester is important and average of semesters is important. They are placing a higher weight on the last semester.

18 Aug 12:10 (IST)
Court says that the case was listed today in view of a contradiction in orders passed by it and the single judge.
Senior Advocate Jaideep Gupta representing an Organization of Teachers from West Bengal now makes submissions.
AG Odisha: It is not practical to implement the guidelines of the UGC. Under the current circumstances, it is impossible for the State to conduct the exam by 30th September

18 Aug 12:07 (IST)
AG of Odisha highlights that it would be a Herculean task for the hostels to accommodate students, colleges have been closed since March and house owners will not be willing to accommodate students.
18 Aug 12:05 (IST)
Advocate General for Odisha makes arguments, says sanctity of exams has been compromised as far as final semester exams are concerned; says his stand is similar to that of Arvind Datar

Adv. Alakh Alok Srivastava attempts to make a submission, but the Bench notes that they will hear his submissions later.

18 Aug 12:04 (IST)
justice Bhushan asks Datar if there’s anything more.
Datar highlights some paragraphs regarding the practical difficulties with respect to conduct of exams.
Datar: I have asked everyone in Maharashtra. No one was consulted. No one tried to find out what the situation was in Maharashtra. Section 12 was not complied with.
18 Aug 11:56 (IST)
Datar: In the second Committee, kindly see who all they’ve consulted. It’s very interesting.

The stand of #UGC in April was to allow states to take a call on final exams; expert committee recommended that students be evaluated on internal marks. Now UGC has turned around - Datar for Maharashtra.

18 Aug 11:54 (IST)
Datar highlights that the recent Committee report (which mandates compulsory conduction of exams) does not mention who has been consulted

18 Aug 11:50 (IST)
Datar: The recommendations of the expert committee itself stated that if the severity of the situation does not abate, the students could be evaluated on internal marks.

18 Aug 11:46 (IST)
Datar gives an example of practical difficulties
In Pune, which has a lot of students who come from other cities and now has gone back home
How can exams be held?

Most institutes have been converted into testing or quarantine centers

18 Aug 11:44 (IST)
Datar: My submission is that any decision taken should be with the consultation of Universities. “Other bodies concerned” should include authorities under DMA.


18 Aug 11:41 (IST)
Datar gives an example of practical difficulties
In Pune, which has a lot of students who come from other cities and now has gone back home
How can exams be held?

Most institutes have been converted into testing or quarantine centers

18 Aug 11:41 (IST)
Datar: The other point I’m making is that an education center in Pune which has lakhs of students is empty because the students have gone back home.

18 Aug 11:39 (IST)
Justice Bhushan:
If exams were to be held at different times then the argument would have been against that also?
Datar: UGC guidelines make a uniform rules for the whole country without taking the pandemic and practical difficulties into consideration.
This is violative of Article 14 as they are treating unequal situations equally.

18 Aug 11:37 (IST)
Justice Bhushan states that if there are different dates for different States, then the argument would be raised that UGC is being discriminatory.

18 Aug 11:37 (IST)
If IITs can give degrees without final exams, why can't other universities be allowed to do that? - Aravind Datar for Maharashtra in SC.

18 Aug 11:35 (IST)
Datar: It is outside the scope of the powers of UGC. It is ultra vires of UGC to mandate the exams to be held by Sept 30.
Datar: The situation in Maharashtra with regard to #COVID19 is terrible.
Justice Bhushan: There is no dispute that Maharashtra is the worst.

18 Aug 11:33 (IST)
Datar: Today the concern is the correctness of UGC direction for holding of exams.
One is of holding exams and other is of holding them till 30th September

Justice Bhushan: If there is a standard fixed by UGC that without a final exam, a degree cannot be given, can universities really decide to cancel the final exam.

Then all the universities will come up with their own method

18 Aug 11:30 (IST)
Justice Bhushan: If there is a contrary direction of UGC, the University cannot act against it. If a University dilutes it, then every University will act in this manner. If a standard is fixed, it’s fixed.

Datar: Please note that job interviews also take place in the last semester. Here is a student who has completed 87.5% of the course !

18 Aug 11:28 (IST)
Justice Bhushan: We have gone through the Regulations. If there’s anything you want to point out, point out.
Justice Shah asks Datar to read 8.1 Regulation.

18 Aug 11:26 (IST)
Datar: I want to make one point clear. These Regulations apply across India.
Justice Shah: So, Universities have a choice about the kind of semester system they want to follow.

18 Aug 11:24 (IST)
Mehta: It provides for semester system throughout the country, but it is not mandatory
Datar: My instructions are that it is applicable throughout the country

Datar: At least in Maharashtra and Tamil Nadu they are
Bhushan J: Some universities may not follow the system. I know of some universities in UP where there is no semester system

18 Aug 11:23 (IST)
SG Tushar Mehta raises a question regarding the assessing system and whether it is uniform throughout the country.
Datar says most universities follow the semester system.

Datar: Our concern is final exams.

By Feb or March 2020, students have the CGPA which is the average of their first five semesters (assuming it's a three-year program having semester system)

18 Aug 11:20 (IST)
Datar: Now today, we are only concerned with final exams. If there are 42 courses, the student has already completed 36. As of March, his CGPA will be the average of first five sems.

SG Mehta asks whether the pattern is present in all Universities.
Datar states that it’s the case for State of Maharashtra.

18 Aug 11:18 (IST)
Datar: the guidelines state that the overall performance of the students throughout the year has to be assessed.


Datar refers to 2003 UGC guidelines, highlights three things -
Program,
Semester, and
Course

18 Aug 11:15 (IST)
Datar: As of March 2020, 5 semesters had already been completed, and the internal assessment for 6th sem was almost over.

Datar: We have a 3-year degree & 5-year degree courses. I’m currently concerned with only non-professional courses. In 2003, the semester system was there.

18 Aug 11:13 (IST)
Justice Bhushan: There are 2 parts in play here,
one is UGC laying down the guidelines and standards; and
the other is States declaring that they cannot allow holding of exams

Datar: IIT itself is going to issue degrees without conducting the final exams.
Justice Bhushan: We are not concerned with IIT.

Datar: I am only putting forth the best argument. If a central institute of international repute can do this, why can’t we?

18 Aug 11:11 (IST)
Justice Ashok Bhushan explains the scope arrogated to an authority under the Disaster Management Act.

18 Aug 11:08 (IST)
Justice Bhushan says that the students cannot decide their welfare.
“Only the authorities can decide what is in their welfare. Students are not competent enough to decide.”

18 Aug 11:07 (IST)
Justice Shah: But, UGC is not conducting the exams here. That is up to the Universities. You can’t say that UGC says conduct exams.

18 Aug 11:05 (IST)
Datar submits that the judgment states that Entry 66 has a very limited scope. It would only mean “laying down standards, but not include conduct”.

18 Aug 11:01 (IST)
A hearing has begun on final Year exams

18 Aug 10:37 (IST)
According to the Report of the Indian Express, these four states of West Bengal, Odisha, Maharashtra, and Punjab had expressed their inability to comply with these UGC guidelines

18 Aug 9:50 (IST)
Arguments by Shyam Divan
'When Exams Can't Be Held In April With 1137 COVID-19 Cases, How Can They Be Held Now With Lakhs Of Cases?' Shyam Divan Tells SC In Students v UGC

18 Aug 9:34 (IST)
Supreme Court to continue hearing plea challenging September final year exams mandated by #UGC. Meanwhile, petitioners, through advocate alakh, have also filed written submissions before the court.

18 Aug 9:30 (IST)
UGC tells SC that Odisha Govt’s decision to cancel #finalyearexams is void ab initio. Says exam on a later date is not legally valid since UGC Indias Sept 30 deadline is backed by a statute based policy decision.

18 Aug 8:46 (IST)
The University Grants Commission (UGC) has informed the Supreme Court that it has allowed universities to conduct 'for special examination' examinations when possible for students who do not appear for term-end exams in September.

18 Aug 8:35 (IST)
Happening Today: Supreme Court to continue hearing petitions challenging #UGC direction to hold final term exams by September 30. Case listed as the first item before a bench headed by Justice Ashok Bhushan says Nidhi Taneja (India TV)

18 Aug 8:29 (IST)
The UGC has directed the conduct of final year examinations as the Commission felt that learning is a dynamic process and the only way to assess one's knowledge through the exam. The Supreme Court is now going to hear the case.

18 Aug 8:27 (IST)
"In the written submission filed through Advocate Alakh Alok Srivastava, the Petitioners have asserted that the impugned guidelines dated July 6, 2020, directing all Universities to hold final year examinations is violative of Section 12 of the UGC Act"

18 Aug 8:04 (IST)
Despite opposition from students, academics and chief ministers of several states, Human Resource Development Minister Ramesh Pokhriyal Nishank had earlier stated via Twitter that, “In any education model, assessment is the most important. Exam performance gives students confidence and satisfaction.

18 Aug 7:44 (IST)
The petitioners are demanding that students cancel the examinations and issue degrees and mark sheets based on internal marks and previous assessment. Supreme Kot is hearing the case.

SC Verdict on UGC, Final Year Exams 2020: Hearing to resume today, Live Updates from 9 am

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