Why in discussion?
Recently, during the hearing of a petition by the Supreme Court, it has been clarified that universities and other institutions related to higher education cannot award degrees to final year students on the basis of internal or other criteria and for this the final year examinations by the institutes Organizing will be mandatory.
key points:
According to the Supreme Court, under the ‘Disaster Management Act, 2005’ (the Disaster Management Act, 2005) states are empowered by the University Grants Commission- UGC to protect human lives amidst the COVID-19 epidemic. Can disregard the issued examination guidelines.
However, the Supreme Court also held that under the Disaster Management Act, states are not empowered to provide promotions to students only on the basis of internal assessment without conducting examinations.
Significantly, it was recently decided by the Governments of Maharashtra and Delhi to cancel the examinations and provide promotions to students on the basis of other criteria.
The court has directed that if in future the states feel that it will not be possible to hold the examinations till 30 September and they want to delay the examinations, they can approach the UGC in this context.
Background:
It is noteworthy that in a guideline issued by the UGC on 6 July 2020, all the universities and higher educational institutions in the country were directed to conduct final year examinations by 30 September.
More than 30 students filed a petition in the Supreme Court against this decision of UGC.
The petitioners had raised the issue of challenge of internet and other necessary resources for online examinations along with the problems arising out of COVID-19 before the Supreme Court.
The case was heard by a three-member judge bench headed by Justice Ashok Bhushan.
UCC decision support:
The Supreme Court did not accept the allegation that the revised guidelines issued by the UGC did not take into account the circumstances arising out of COVID-19 or that it was a violation of the right to life of students and examiners under Article 21 of the Constitution .
For this, the court also gave many arguments, some of which are as follows –
According to the Supreme Court, the guidelines issued on 6 July were prepared based on the recommendations of the R.C. Kuhad Expert Committee keeping in mind the interests of the students.
Three guidelines were approved in the guidelines issued by the UGC – pen and paper, online (online) and mixed (both physical and online). Also, a “special opportunity” was given to students unable to take the exam.
Universities were also given time from 31 July to 30 September to prepare for the examinations.
As per the guidelines issued by the UGC, Section-6 emphasized that examinations can be conducted only after following the University Security Protocol.
The Supreme Court also underscored the fact that in view of the COVID-19 epidemic and the challenges of the universities, the date of 31 July was extended to 30 September.
Uniformity in academic calendar:
According to the Supreme Court, in some states, the decision to determine the uniform date of examinations is part of the UGC’s jurisdiction, despite the bad situation due to COVID-19 and it is for the determination and coordination of standards in institutions of higher education. Necessary.
The Supreme Court upheld the determination of the same date for conducting the final year examinations by the UGC to maintain uniformity in the academic calendar throughout the country.
The petitioners stated that the revised guidelines violate Article 14 of the Constitution in two cases-
Determination of a date for examinations in the whole country without taking into account the circumstances of different parts of the country.
2- The compulsory for final year students to appear in the examination is the discrimination between final year and other (first / second year) students.
According to the Supreme Court, the UGC has not discriminated against final year students by setting their compulsory requirements to appear for the exam in the July 6 guidelines as final year exams provide students with an opportunity to demonstrate their potential. And it determines its future in the field of education or employment.
Rights of the UGC regarding the date of examination:
According to the Supreme Court, the UGC was not obliged to consult the states or universities before issuing the July 6 guidelines.
States and universities cannot dismiss UGC guidelines as mere suggestions.
It is mandatory for universities to adopt UGC guidelines under the University Grants Commission’s ‘Minimum Standards Regulations, 2003’ of the instructions for conferring masters degrees through formal education.
It is worth mentioning that as per the affidavit submitted by the UGC to the Supreme Court on 31 July, 603 out of 818 universities in the country have either conducted final year examinations or are preparing to conduct them in August-September. Were.
Conclusion:
Due to COVID-19 epidemic, there is a serious negative impact on the education sector along with other sectors.
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