In the PIL, the petitioners have documented a written submission before the Supreme Court striving cancellation of the UGC’s directive to conduct the final term examination, stating that it is in addition to the constitutional stipulations of the UGC Act and Regulations. Violation of provisions.
On Friday, After hearing both sides. The Supreme Court adjourned the case till Tuesday, that is, August 18. Hence, the case will be heard tomorrow.
Shyam Divan Tells SC, When the exam cannot be conducted in April with 1137 COVID-19 cases, how can they be conducted now with millions of cases?
Section 12: In a written petition filed by Advocate Alakh Alok Srivastava, the petitioners claimed that the guidelines implemented on July 6, 2020, directed all universities to conduct final year examinations by September 30, a clause of the UGC Act. Section 12 is violated, as UGC. The statutory duty to prepare such guidelines in consultation with such universities or related bodies was bypassed.
It has been submitted that the UGC has allegedly relied on the recommendations of the Kuhad Committee, nonetheless, this committee cannot be considered as a university or other body. It has been reported that the Kuhad committee did not consist of any health experts or epidemiologists, somewhat it consisted of academics alone and therefore it did not pass the statutory examination of Section 12 of the UGC Act in the current COVID-19 epidemic scenario.
Further, it is accepted that Section 12 of the Act stipulates that the UGC can just recommend and advise universities and it cannot implement the actions proposed under Section 12. Therefore, the mandatory nature of the guidelines is 06.07.2020. Additional violation of the said Section 12 of the UGC Act.
Section 22: The petitioners have introduced that Section 22 (1) of the UGC Act furnishes that the right to award or granting a degree will be exercised only by a university.
Therefore, it is argued that the UGC’s claim that it will not award degrees to students who do not appear in the final year examination is a violation of Section 22 (1) of the UGC Act.
Regulation 6.3: The pleader has stated that Regulation 6.3 states that the essence of the final examination, whether written or oral or both, in relation to each course, shall also be disclosed to the students at the starting of the academic session.
It is argued that UGC cannot be allowed to notify the format of its final year examination on 06.07.2020, i.e. after the end of the academic session of the final year students.
Article 14 of the Constitution: The petitioners contend that the UGC guidelines violate the right to equality granted to all persons under Article 14 of the Constitution.
Sheer violation of the fundamental right to equality of those students who are unable to come in these examinations due to the COVID-19 crisis.
The students who gave their final year exams last year got their final mark sheet mostly by 31.07.2019. Nonetheless, this year’s students may get a similar final mark sheet by the end of September or even later, which may constrain them of various job opportunities.