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PIL challenges cancellation of exams by Maharashtra govt due to COVID-19, HC asks UGC to be made party – education

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Bombay High Court.(HT Photo)

A division bench of the Bombay Excessive Court docket has known as for the College Grants Fee (UGC) to be made a party to a public curiosity litigation (PIL) that has challenged a Maharashtra authorities decision of June19 which determined to not conduct exams for skilled and non-skilled programs due to the state of affairs triggered by novel coronavirus pandemic. The bench additionally requested Maharashtra state to reply to the petition.

The PIL filed by Dhananjay Kulkarni, a retired trainer from Pune, has said that as a result of UGC was the regulation authority, Maharashtra state was not empowered to resolve and announce the mode of evaluation for last yr college students, and has sought to put aside and quash the federal government decision.

The division bench of Justice AA Sayed and Justice MS Karnik was knowledgeable by Kulkarni’s advocate Uday Warunjikar that the choice of the upper and technical education ministry to not conduct exams for skilled and non-skilled programs was not legitimate.

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The federal government decision had said that college students of non-skilled programs, who’ve cleared all earlier semesters and don’t want to seem for final semester exams of their last yr ought to give in writing that they don’t want to seem for last exams to their respective universities. These college students will be awarded a rating based mostly on the common of their mixture marks of earlier semesters and supplied with outcomes, and had given an exception for these college students who weren’t happy with their rating and wished to fare higher to given a written endeavor to the impact which might allow them to take an non-obligatory examination later.

However the authorities decision had said that it’ll not be in a position to conduct last semester exams of skilled programs like engineering, pharmacy, lodge administration, structure, planning, administration research, laptop research, regulation, bodily education and pedagogy, however had given college students to take the non-obligatory examination for higher scores later.

The plea said, “There may be a synthetic classification made by the state amongst college students who’re admitted to skilled and non-skilled programs. If the state authorities is just not going to conduct examinations for non-skilled programs as a result of of the coronavirus outbreak, there is no such thing as a purpose to conduct exams for skilled programs both. There isn’t a logic behind the choice and it’s arbitrary and unreasonable and subsequently court docket’s intervention is required.”

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Warunjikar additional submitted that the twin evaluation methodology provided to the scholars within the GR was additionally with out logic and such strategies can’t be adopted whereas granting levels. College students are given the choice to seem for exams or settle for common marks based mostly on previous efficiency.

“Such train is unknown to the tutorial discipline and subsequently there may be non-software of thoughts on the half of the state,” mentioned Warunjikar and submitted that even the Maharashtra Public Universities Act, 2016 didn’t allow the state authorities to take such a call and solely the UGC may take such choices, therefore the choice was past the purview of the provisions of UGC Act as properly.

The plea said, “The hanging sword of uncertainty is confronted by last yr college students and GR is just not clear as to when the exams will be carried out and the educational yr will recover from. “Destiny of a big quantity of college students who want to take admission for the put up-commencement programs is stored in a dangling state of affairs.”

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Stating this, the petitioner sought from the Court docket to quash and put aside the GR and pending listening to, sought a keep on the identical. After listening to the submissions the court docket directed that UGC must also be made party to the PIL and directed the state to file response to the plea inside every week, the Court docket posted additional listening to on July 17.

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