SC refuses to pass interim order on pleas for stay of final year exams, asks MHA to clear stand – education

The Supreme Court docket Friday refused to pass any interim order on a batch of petitions in search of cancellation of final year/semester examinations in September amid the COVID-19 pandemic and requested the Centre to clear the stand of Ministry of House Affairs (MHA) on the difficulty.

The UGC informed the highest court docket that no person ought to stay beneath the impression that for the reason that Supreme Court docket is analyzing this problem, the final year /semester examination will probably be stayed. A bench head by Justice Ashok Bhushan, which performed the listening to by way of video conferencing, stated that it’s not passing any orders on the difficulty and posted the issues for additional listening to on August 10.

The bench, additionally comprising Justices R Subhash Reddy and M R Shah, was knowledgeable by Solicitor Basic Tushar Mehta, showing for the Centre and the UGC, that he would apprise the court docket about MHA’s stand on the difficulty.

Mehta stated they’re solely involved with final year exams and out of over 800 universities within the nation, 209 have accomplished the examinations.

He stated that round 390 universities are within the course of of conducting the examinations.

“Let no person stay beneath the impression that since this court docket is analyzing this, it will likely be stayed. Let college students proceed with their research,” Mehta stated.

To this, the bench stated, “We aren’t passing any such order.” The bench additionally requested counsel for Maharashtra to place earlier than it the June 19 order of the state catastrophe administration committee handed on this regard.

“Let the choice (of state catastrophe administration committee of Maharashtra) be introduced on document,” the bench stated.

The highest court docket stated all of the affidavits be filed by August 7.

On the fag finish of the listening to, advocate Alakh Alok Srivastava, showing for some of the petitioners, raised the difficulty of plight of college students within the flood affected areas of Assam and Bihar.

“This isn’t a case for interim order immediately,” the bench stated. “On August 10, we’ll hear it”.

On Thursday, the UGC justified its resolution directing all universities and establishments to maintain final year/semester examinations in September saying it was performed to shield the tutorial future of college students throughout the nation.

The College Grants Fee (UGC) had filed a 50-page affidavit on a batch of petitions, together with the one filed by Shiv Sena’s youth wing ‘Yuva Sena’, which have challenged its pointers issued on July 6 for holding the exams in September amidst the persisting coronavirus (COVID-19) pandemic.

It stated that in June this year, contemplating the evolving scenario of the COVID-19 pandemic, it requested the skilled committee to revisit the April 29 pointers, by which it had requested the Universities and Establishments to maintain final year examinations in July 2021. The skilled committee submitted a report recommending that terminal semester/final year examinations ought to be performed by universities/ establishments by the top of September, 2021 in offline (pen & paper)/ on-line/ blended (on-line + offline) mode, the UGC stated. It added that this report of the skilled committee was deliberated and accredited by the UGC in its emergent assembly held on July 6, for the reason that conduct of the final year/terminal examination is a time-delicate problem. The UGC stated it has issued such pointers to “shield the tutorial future of college students throughout the nation which will probably be irreparably broken if their final year/terminal semester examinations usually are not held, whereas additionally protecting in thoughts their well being and security”. Assailing the selections of some states like Maharashtra and Delhi of cancelling the final year examinations, the fee stated that such selections immediately have an effect on the requirements of increased education and will probably be an encroachment on the legislative area of coordinating and figuring out the requirements of increased education that’s completely reserved for Parliament beneath Schedule VII of the Structure. “Subsequently, the selections of sure State Governments (Maharashtra and Delhi) to both cancel the terminal semester/final year examinations for UG/PG college students, and/or to graduate such college students and confer levels with out showing for the final year/terminal semester examinations is plainly opposite to the UGC’s pointers,” it stated. The UGC justified the revised pointers issued on July 6 and stated that it adequately takes under consideration the evolving scenario of the COVID-19 pandemic as a result of it present adequate time until the top of September 2021 to conduct the final year/terminal semester examinations after following the prescribed protocols and procedures relating to COVID-19.

“It offers adequate flexibility to universities/ establishments to conduct such examinations on-line, offline (pen and paper) or blended (on-line + offline) mode and supply for an examination by way of particular likelihood for college students who “for in anyway the explanation(s) could also be” are unable to seem for the examination performed by a college/establishment by finish of September, 2021”, the UGC stated. It stated that the Universities/Establishments might conduct such particular examinations as and when possible in order that the scholars involved usually are not put to any inconvenience or drawback. On July 27, the highest court docket had requested the UGC to file a consolidated reply to the batch of petitions difficult its revised pointers to conduct final year examinations by September 30 amid the COVID-19 pandemic.