several petitions, including one by Maharashtra minister Aaditya Thackeray, had challenged the UGC directive to universities across the country to conduct final year exams by September 30
Supreme Court
The Supreme Court on Friday upheld University Grants Commission’s (UGC) circular and said that final year college examinations must be held this year but states can ask for the dates to be deferred beyond September 30 if they wanted to because of the coronavirus crisis.
A bench comprising Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah said: "We, thus, conclude that the State Disaster Management Authority and the State Government has no jurisdiction to take a decision that the students of final year/terminal examination should be promoted on the basis of earlier years assessment and internal assessment whereas the UGC guidelines dated July 6 directed specifically to conduct final year/terminal semester examination."
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The top court said the decision of the Disaster Management Authority or the state government that students should be promoted without appearing in the final year/terminal semester examination, is not within the domain of the Disaster Management Act, 2005.
The Supreme Court concluded that direction of the University Grants Commission in its revised guidelines dated July 6, where it directs the universities and colleges to complete the final year/terminal examinations by September 30 shall be overridden by any contrary decision taken by a State Disaster Management Authority or the state government exercising power under the Disaster Management Act, 2005.
The bench observed that the revised guidelines of the UGC cannot be termed to violate Article 14 of the Constitution on the ground that one date, September 30, has been fixed irrespective of the conditions prevailing in individual states. "The date for completion of examination was fixed throughout the country to maintain uniformity in the academic calendar," noted the bench, but made it clear that it was not mandatory.
The top court said state governments under the Disaster Management Act have the power to order postponement of exams in view of the pandemic, and for this, if a state wants to postpone the final year exams beyond UGC guideline, then the state concerned should consult the UGC for fixing a fresh date for the final examination in that state.
“State cannot promote students without final year examinations,” the apex court said.
Several petitions, including one by Maharashtra minister Aaditya Thackeray, had challenged the UGC directive to universities across the country to conduct final year exams by September 30.
Earlier, the top court had asked UGC that if there is a certain situation in a state, could it override the state government and take a position on the schedule of the exams.
On August 18, in a marathon hearing which lasted for close to four hours, the apex court had heard the arguments from a battery of senior advocates appearing for various stakeholders, including Arvind P. Datar (for Maharashtra government), Jaideep Gupta (for teachers from West Bengal), K.V. Viswanathan (Delhi government) and the Advocate General for Odisha and West Bengal, while Solicitor General Tushar Mehta appeared for the UGC.
The state governments have argued that they have the power to promote students without exams in the backdrop of the ongoing Covid-19 pandemic.
The bench had queried Mehta if the UGC could override a state government decision, where a certain situation like Covid-19 is existing. Mehta had submitted before the bench that Covid-19 is a national disaster and it is for the Centre to decide, and the state authorities cannot override the UGC.
The bench said that like the disaster management authority of the state has the authority in healthcare, can the UGC override the state and ask it to conduct exams?
The bench added, "May be the UGC can say no degree without exam. But can it say hold an exam on this date?"
Mehta contended that the deadline was given for the benefit of the students. "It is not a diktat. All universities must start admissions for postgraduate courses," he said.
Advocate Alak Alok Srivastava, appearing for a group of students, contended that the decision of the committee which made the recommendations making it mandatory to hold exams by September 30 cannot be implemented across the country, as there was no proper consultation.
(With inputs from agencies)
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