Supreme Court hearing on pleas to cancel final time period examination: Highlights
2.09 pm: Supreme Court final order has been reserved. SC directs all of the events to file their written submissions, if any, inside a interval of three days.
2.05 pm: SG Mehta concludes that the Universities can search for the postponement of exams, nonetheless, they can’t take the choice to confer levels with out holding exams.
2.00 pm: SG Mehta says that the examination deadline issued by the UGC was given within the curiosity of the scholars, it was not a diktat.
1.58 pm: “Under the Disaster Management Act, the Central Government does have the supremacy to decide,” SG says.
1.51 pm: “The UGC guidelines that are challenged before the Court have statutory mandate,” says SG.
1.45 pm: SG Mehta says that the Standard Operating Procedure issued by UGC talks about thermal scanning, masks, social distancing. All these steps have been take to be sure that college students’ well being was advantageous.
1.40 pm: “The conduction of final-year exam is a must. One cannot say that holding it is arbitrary,” says SG Mehta. He says that lately many universities performed the final time period exams – on-line, offline and in hybrid mode. Final 12 months is the diploma 12 months, exams can’t be finished away with.
1.25 pm: Connection restored, SG Mehta continues his submissions.
1.16 pm: Connection with SC Bench misplaced due to connectivity difficulty. Hearing will resume quickly.
1.12 pm: Solicitor-General Tushar Mehta begins his submissions.
1.09 pm: “At the most, in its widest amplitude, the deadline can be moved. But, States cannot be directed to not hold the exams at all,” says Navare.
1.07 pm: Senior Advocate Vinay Navare makes his submissions by stating that the choice taken by UGC is inside the 4 corners of its powers. It doesn’t exceed its energy.
1.06 pm: Senior Advocate P S Narasimh begins his submission by highlighting the significance of the final-year examination in assessing the potential of a scholar, even for functions of upper schooling or overseas schooling. “I don’t think the Guidelines given by UGC contravene the issues of health as Vishwanathan has said. We must move forward,” he stated.
1.00 pm: Advocate Kishor Lambat, representing the Intervenor, makes his submissions and highlights that there are mother and father who’ve misplaced jobs and college students are going through hardships.
12.54 pm: Advocate Alakh Alok Srivastava begins his submission. He says that these exams will immediately have an effect on the well being of lakhs of scholars and therefore well being consultants ought to have been consulted.
12. 50 pm: Senior Advocate Meenakshi Arora representing one of many petitioners begins her submissions. “Some students can give exams now, some can’t. The leftover students will lose out on opportunities and jobs later on,” argues Arora.
12.38 pm: “The most hard-hit will be the poor, the downtrodden, and those without any access to technology. Unless you decide to give them all Tablets,” says Vishwanathan.
12.35 pm: “The strongest argument for the SG here is that the past few circulars are Guidelines. But, they cannot be mandatory,” Vishwanathan says.
12.30 pm: Senior Advocate KV Vishwanathan who’s representing Delhi Govt begins his submissions. He says that not all the college students have entry to books and research materials. Even on-line has its handicap.
12.29 pm: “UGC guidelines say that all the health-related guidelines have to be followed..you cannot say that they have not considered the public health, the guidelines mention it,” says Justice Bhushan.
12.26 pm: Making his submission, Advocate General Kishore Datta who’s representing the state of West Bengal, says that UGC has not taken into consideration of the extraordinary state of affairs in view of Covid-19 and has has taken selections as if that is 2019 or 2018. “They (UGC) are usually not involved with public well being, claims Datta.
12.20 pm: “UGC did not hold “efficient session” as was required,” says Gupta. “If they had consulted even 1 person per state, they would have understood the difficulty,” he added.
12.17 pm: “We have said it earlier also, if it is permissible, then all the Universities can evolve their own modalities,” says Justice Bhushan.
12.14 pm: Senior Advocate Jaideep Gupta who’s representing an Organization of Teachers from West Bengal begins his submissions. “My submission is that the UGC guidelines of 6 July is not a statutory document. Mandating the exams to be held by September 30 is unreasonable,” says Gupta.
12.11 pm: “Covid-19 instances in Odisha is at its peak ! In the current circumstances, it will be utterly not possible for the State to maintain the exams as mandated by UGC, says AG of Odisha.
12.08 pm: The Advocate General for Odisha begins his submissions stating that his arguments are alongside the strains of Datar’s. “Under the prevailing situation of COVID-19, it is not possible to hold a conventional examination. With this background, it is our submission that the exam is a culmination of 6 semesters,” he stated.
12.03 pm: Advocate Datar concludes his submissions by putting on document the Maharashtra Examination Act to put forth the authorized proposition. “One is a delegated legislation and one is a State legislation. It states that a State has complete autonomy. A statutory provision will overrule the Guidelines. There is no repugnancy,” he provides.
11.55 am: Referring to the April round of UGC, Datar says that after we couldn’t maintain exams when the instances had been at 15,000 how can we maintain exams now? “When the UGC back then, said chart your own course, how can they now make it mandatory,” Datar says.
11.40 am: Justice Bhushan states that if there are completely different dates for various States, then the argument could be raised that UGC is being discriminatory.
11.39 am: Datar says, “How can UGC say that Kerala, Maharashtra, Odisha must hold final term exams by September 30 ? It is completely violative of Article 14.”
11.34 am: “My second submission is that direction of UGC to all Universities to hold it at any cost by September 30 is completely violation of its powers,” Datar says. “The UGC’s July 6 Guidelines is liable to be struck down,” he provides.
11.33 am: “My first submission is that there is nothing arbitrary in a University taking a decision against UGC. If IIT can do that, others can too,”says Datar.
11.15 am: “We are not concerned with IIT,” says Justice Bhushan.
11.13 am: “If a central institute of international repute like IIT can issue degrees without conducting the final exams, why can’t we,” argues Datar.
11.10 am: “Won’t not conducting the exams lead to dilution of the standards only?” Justice BR Gavai asks.
11.09 am: Justice Shah asks, “But UGC is not conducting the exams here. That is up to the Universities. You can’t say that UGC says conduct exams.”
11.03 am: Datar says, “UGC can lay down standards, but it can’t compel exams to be held.”
10.58 am: I’ll come to the sensible difficulties which exists in holding the exams. Please come to the Counter filed by UGC dated July 30. I’ll refer to the frequent compilation and my written submissions, says Datar. The Bench is perusing the submissions.
10.53 am: Senior Advocate Arvind Datar begins making submissions for State of Maharashtra. He states that the State is the worst affected (due to Covid-19 pandemic).
All you want to know concerning the matter
Last week, a bench of Justice Ashok Bhushan had adjourned the hearing on the matter because the arguments on the pleas, which additionally search cancellation of final time period examination in view of COVID-19 state of affairs, stay inconclusive.
Senior advocate Abhishek Manu Singhvi, who signify scholar’s plea, highlighted that the severity of the state of affairs and stated India is third on this planet in essentially the most variety of COVID constructive instances, including that there are virtually 900 deaths in a day and 50-60,000 new instances coming every day.
Singhvi stated that for 5 months, the MHA has shut all the pieces. “There is a direct nexus between teaching and taking of exams. How can there be no teaching without exams!” he added.
The senior advocate argued that schooling isn’t particular right here; pandemic right here is particular. “Pandemic applies to everyone and everything,” he stated. Singhvi, whereas terming the UGC round as ‘farman’, stated the Commission has issued the identical to conduct exams by September 30.
Singhvi additional contended that even a first-year scholar can be in a position to say that this isn’t federal. “This special situation is extra-ordinary. The pandemic is state-neutral, political colour-neutral, people-neutral,” he stated.
Senior advocate Shyam Divan, showing for an additional petitioner, informed the bench that the if the lockdown was happening, may UGC have promulgated its pointers? If it couldn’t do it at the moment, it can not do it now, he stated.
“As per the notifications in Maharashtra, it is stated that the number of cases is increasing terribly. There are colleges in some States which have been taken over for quarantine facilities,” Divan added.
He stated that Central authorities’s June 29, 2020 pointers for section reopening (Unlock 2) stated that faculties, schools and training establishments would not be permitted to open and on-line distance studying can be inspired and these restrictions will proceed until the tip of August.
Divan identified that college students are a homogenous class and UGC can not say that the lives of Third-year college students are lower than that of a 1st 12 months or a 2nd-year scholar.
“Teachers and invigilators are also a homogenous class. Their health and their lives are also important. It doesn’t matter which class or which semester you teach. Many students live with their families. With their grandparents and their parents. The students might not show symptoms, but they will come in contact with their families. Please have some concern for them,” he added.
The UGC had on Thursday filed an affidavit within the Supreme Court saying that the choice of Delhi and Maharashtra authorities of cancelling the final time period examination immediately will “directly impact the standards of higher education in the country”.
The affidavit was filed in on a batch of pleas difficult UGC’s July 6 round and searching for cancellation of final time period examination in view of COVID-19 state of affairs.
Earlier, Delhi and Maharashtra governments’ had informed the highest courtroom that they’ve cancelled the examination within the Union Territory and State respectively.