The Supreme Court of India on August 28 in its verdict on UGC final year exam today upheld the July 6 circular of the University Grants Commission (UGC) to conduct the exams. In their plea to the SC, students had challenged the decision of the UGC asking universities and colleges to conduct final year exams by September 30 amid the COVID-19 pandemic.
The verdict pronounced by a bench headed by Justice Ashok Bhushan said that exams are a must to promote students. However, in slight relief, the apex court also said the states can choose to defer the exams in discussion with UGC. However, the final decision rests with the UGC and will be binding on states.
The bench had reserved its verdict on the issue on August 18. The UGC had told the top court that its July 6 directive, asking universities and colleges to conduct final year exams by September 30 amid the COVID-19 pandemic, is "not a diktat" but states cannot take the decision to confer degrees without holding the examinations. It had told the court that the directive is for the "benefit of students" as the universities have to start admissions to postgraduate courses and state authorities cannot override the UGC's guideline. Yuva Sena, the youth wing of Shiv Sena, is one of the petitioners in the apex court and has questioned the UGC's directive to hold examinations during the novel coronavirus pandemic. Catch the LIVE updates here:
Maharashtra higher and technical education minister Uday Samant has said the state government respects the Supreme Court verdict in the University Grants Commission (UGC) matter and will decide about holding examinations after consultations with vice-chancellors of universities.
Speaking to reporters in Mumbai, Samant said health of students remains top priority in view of the COVID-19 pandemic. (PTI)
"If any State/Union Territory in exercise of jurisdiction under Disaster Management Act, 2005 has taken a decision that it is not possible to conduct the final year/terminal semester examination by 30/9/2020, we grant liberty to such State/Union Territory to make an application to the University Grants Commission for extending deadline of 30/9/2020 for that State/Union Territory, which shall be considered by UGC and rescheduled date be communicated to such State/Union Territory at the earliest," said the Supreme Court in its verdict today.
"The decision taken by the State Disaster Management Authority/State not to hold final year/terminal semester examination by 30/9/2020 in exercise of power under Disaster Management Act, 2005 shall prevail over deadline fixed by the University Grants Commission i.e. 30/9/2020 in respect to teh concerned State," said the Supreme Court in its verdict today.
"The prayer to quash the revised guidelines dates 6/7/2020 issued by the University Grants Commission and OM dated 6/7/2020 issued by the Ministry of Human Resource Development and letter dated 6/7/2020 issued by the Ministry of Home Affairs is refused," said the Supreme Court in its verdict today.
All India Congress Committee (AICC) joint secretary and in-charge of NSUI Ruchi Gupta said that the NSUI is disappointed that the Supreme Court has upheld arbitrary and illogical UGC guidelines to hold final year exams. "Promoting students on past performance in no way undermines quality of degree, holding farcical #OBE & other sham exams does. This is #AntiStudentModiGovt," she said in the tweet.
Meanwhile, in the JEE, NEET 2020 exam case, six state cabinet ministers have filed a petition with the Supreme Court to review its August 17 decision to allow the conduct of the exams as per schedule.
"States can postpone final year exams under Disaster Management Act but fresh dates have to be fixed in consultation with UGC," said the Supreme Court bench including justices Ashok Bhushan, RS Reddy and MR Shah.
The University Grants Commission (UGC) had earlier told the apex top court that its July 6 directive, asking universities and colleges to conduct final year exams by September 30, is "not a diktat" but states cannot take the decision to confer degrees without holding the examinations.
The Supreme Court today upheld the University Grants Commission (UGC)'s July 6 circular stating that final year examinations must be conducted by September 30. The apex court ruled that states must hold examinations to promote students. The court also said that states can postpone examinations under the Disaster Management Act, in view of the COVID-19 pandemic, and they can consult the UGC to fix fresh dates.
Here are the key takeaways from the Supreme Court's verdict
The University Grants Commission (UGC) had earlier said that the July 6 guidelines are based on recommendations of experts and have been made after due deliberation and it is wrong to claim that it will not be possible to conduct the final examinations in terms of the guidelines.
Assailing the decisions of some states like Maharashtra and Delhi to cancel final year examinations, the UGC had said that such decisions directly affect standards of higher education and will be an encroachment on the legislative field of coordinating and determining the standards of higher education that is exclusively reserved for Parliament under Schedule VII of the Constitution.
Yuva Sena, the youth wing of the Shiv Sena, is one of the petitioners in the Supreme Court and has questioned the directive of the University Grants Commission (UGC) to hold examinations amid the coronavirus pandemic.
The Supreme Court of India, in its verdict today, said that states and universities cannot promote students without holding final year exams by September 30. However, states, which are not inclined to hold final year exams by September 30, will have to make representation to the University Grants Commission (UGC), said the apex court.
