Students vs. University Grants Commission (UGC)

The Supreme Court on Friday dismissed the petitions challenging the guidelines issued by UGC for conducting final semester exams by September 30.

Orders passed by the Supreme Court:

1. The bench refused the prayer to quash UGC guidelines for conducting exams.

2. The directions of State Disaster Management Authority (SDMA) would prevail over that of UGC for cancellation of exams in that particular state.

3. The directions of the SDMA to pass students on the basis of previous performance is beyond the scope of Disaster Management Act.

4. States/Union Territories cannot pass students without conducting exams as directed by UGC.

5. States/Union Territories are given liberty to approach UGC regarding postponement of exams.

Arguments from the Students side:

1. Compelling students to appear for physical examinations when the pandemic is intensifying is exposing them to serious health risks, affecting the right to life.

2. Several areas are containment zones and local lockdown is prevailing in many regions. The uniform directions issued by the UGC without considering the local situations will put several students to grave prejudice.

3. The pandemic and the lockdown have disrupted the classes and conducting exams without requisite number of classes is unreasonable and arbitrary.

4. Many students of final semester have either cleared job interviews or secured admissions for higher courses. So granting them degree certificates at the earliest is the best course available for protecting the future of the students.

5. The option of online exams is not viable as there is a lack of uniform access to internet across the country.

6. Examination is not the only mode of evaluation as UGC follows the concept of ‘continuous evaluation’ of the students from very first day and hence internal assessment and performance of past semesters can be reckoned for awarding final degrees.

Arguments of UGC:

1. The directions were issued in the best interest of the students and the guidelines are based on recommendations of experts and have been made after due deliberation.

2.  It is wrong to claim that it will not be possible to conduct the final examinations in terms of the guidelines.

3. Assailing the decisions of States like Maharashtra, West Bengal, Odisha and Delhi to cancel final year exams, such decisions directly affect standards of higher education and will be an encroachment of legislative field of coordinating and determining the standards of higher education that is exclusively reserved for Parliament under Schedule VII of the Constitution.

Even the Ministry of Home Affairs informed the court that it has given an exemption for opening educational institutions for conducting exams.

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