On Monday, the Delhi High Court, while listening to petition to challenge Delhi University open-book examinations (OBE) said that authoritative specialists who are responsible for directing examinations in colleges, including the Centre and the UGC, should likewise remember that the COVID-19 pandemic has brought about huge mental suffering and desolation to students.
Prathibha M Singh, the single-judge bench of Justice expressed her unhappiness towards Delhi University’s open-book examination. She observed that mock test has many technical glitches and students are suffering a lot during all this.
The court said that there are some families which are suffering medical illnesses and even in that situation giving examination is not only a technical issue but the state of mental preparedness of the students also requires to be evaluated.
The court recognized that due to the postponement of the examinations till July 10, 2020, has completely upset the exam schedule.
It noted that for some of the courses the date sheet has been uploaded but the date sheet for some courses has not been declared yet. Though it is accepted even today that the exams will start on July 10th, 2020.
The court additionally saw that the bearings given by the HC before have not been seen in letter and soul. It additionally hammered DU for not meeting its affirmation given to the Delhi HC prior.
The Court also observed that due to the outbreak of COVID-19 pandemic the schedules for studies and the exams have clearly get disturbed across educational Universities. Therefore, several techniques of imparting education have been acquired.
In most of the states, institutions, and Universities final year students need not give examinations as they have been promoted as per their previous year’s performance and internal assessments (IA). The court observed that the exams have been canceled and the result will be declared as soon as possible.
The court has asked the Ministry of Human Resource Development (MHRD) and UGC to accept a particular remain with regards to whether they suggest crossing out of final year exams and to advise it to the court on July 9, the following date fixed for hearing.
The court ordered Delhi University to make record data on the number of students who are in the final year and study at Delhi University. The court also wants a list of final year students who are in favor of conducting the examination through online mode.
DU has also apprised the court about a state-wise break-up of the students and from where they have to take the examinations.
Delhi University has additionally advised the court about a state-wise separation of the students and from where they need to take the exams.
The court has also asked Delhi University for some information about its readiness for the web-based interface for taking care of the traffic during exams, remembering the ongoing technical glitches looked by students during the mock tests.
A petition was filed by several students in the court including Gaurav Prakash Shah, Shubham Saket, Indrajeet Singh, and one Anupam through advocates Akash Sinha.
The solicitors have looked for suppressing and withdrawal of the warnings dated 14th May 2020, 30th May 2020, and 27th June 2020 in regard to undergrad and postgraduate understudies, which also include students of the School of Open Learning and Non-University Women Education Board.
The request likewise tried to coordinate Delhi University to assess the final year students dependent on the earlier years’ or semesters’ outcomes in a similar way as the respondent college has intended to promote the first and second-year students on the basis of their IA and previous years exams.
In the additional hearing before a division bench of Justices S Prasad and Hima Kohli, Delhi University clarifies to High Court the students who are in undergraduate courses and enable them to give open-book examinations should be provisionally permitted admission in the post-graduate courses which are offered by Delhi University. Acknowledge to the condition that they are eligible for that after the results are declared for undergraduate courses for the entrance examination.
Sachin Dutta’s, Senior advocate, appearing for Delhi University, submission came when department bench of Justices S Prasad and Hima Kohli were requested to take a stand on the university issues.
The court also clarifies the status of the undergraduate students who are currently studying in the final year courses and wish to take admission in the postgraduate courses in the event that they are not able to give exams through an open-book examination system conducted online. They have to wait for the physical examination conducted by the University in September 2020.
Delhi University asked the court they will conduct the examination physically for the students who are not able to give open-book examination through online mode, in September 2020 once everything normalizes.
Currently, Delhi University is conducting the mock test from 4 July to 8 July and after that from July 10, University will conduct an open book examination.
The advice showing up for Delhi University expressed that if under any circumstances, students are not in a situation to sit for the open-book examination (OBE) starting on July 10, all the students, regardless of whether in the PWD classification or in any case will be managed a chance to sit in the exams genuinely, in September 2020 subject to conditions normalizing.
He further included this is independent of the way that they have selected their applications on the web or something else, for sitting in the exams and even arrived at the phase of downloading the inquiry papers for taking part in the open book examination (OBE) yet couldn’t transfer their answer-sheets under any circumstances.
The court asked Delhi University to submit an affidavit clarifying on its stand as noted above on other things so that any other decision any pass an order on the next date. The court added that affidavit filed by Delhi University will assist the intentions of clarity and to resist any obscurity. On July 9, the court will discuss the matter further.
The court had before given a show-cause notice to Delhi University inquiring it to clarify for what valid reason scorn procedures ought not to be started against it and its officials for retaining material data and misdirecting the court.
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