HC- No Stay On The Exams Scheduled For 17th And 25th August 2020, as Interests of the Students is Paramount [Read Order]

On 14^th August 2020 the Bombay High Court in the case Akash Udaysing Rajput and Ors. v. The State of Maharashtra, comprising of Justice Dipankar Datta and Justice S.P. Tavade held that if an examinee is willing to write the exam physically, the liberty shall be given.

Contentions of Petitioners/Respondents-

The Learned Advocate of the Petitioners Mr. Nikam argued that the University proposes to conduct examinations on 17^th and 25^th August 2020 for postgraduate students as well as the final- year students to MDS and BDS courses of study. In view of the unprecedented situation that has been created by the pandemic, it is not possible for the students to give the exams physically, but if one-line exams are conducted, the petitioner is willing to give the exams.

Therefore, the counsel of the Petitioners prays to cancel the exams that were scheduled for 17^th and 25^th August 2020.

The Counsel of the Respondents represented by Mr. R.V. Govilkar said that there shall be no stay in relation to the conduction of the exams. Ineffable efforts have been made by the University for conducting the exams while following the norms of social distancing. If a stay order will be passed by the Court the earnest efforts made by the University will be in vain.

ORDER-

• The Court is of the view that interim relief shall not be provided by staying the exams scheduled for 17^th August and 25^th August 2020. The Court opined that there might be students who are well prepared for the exams are also willing to give the exams physically. Cancelation of the exams will go against the interests of the students.
• In view of this, the exams will be conducted while following the social distancing norms. If any Petitioner is not willing to sit for the exam and seeks a direction to the University to hold separate exams for him, it is the discretion of the Court to look into this matter in accordance with the principle of Justice.
• The hearing is adjourned until the other batch of the Petitioners is well versed with this order. The Private Secretary will sign the Order digitally. The concerned parties will adhere to the order that will be provided by fax or e-mail.

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