SC rules, Students cannot be promoted without Final Year Exams, UGC may consider extension if States request [Read Judgement]

The Supreme Court has said that final year university exams will be conducted as per the rules of University Grants Commission. SC has also said that states cannot promote students without holding exams.

A bench headed by Justice Ashok Bhushan pronounced the judgement on the student plea against UGC. This means that all final year university exams will have to be conducted.

However, the apex court said that of any state government or union territory cannot conduct exams by the September 30 UGC deadline, then they can individually approach the UGC to postpone it.

"State disaster management authority (SDMA) can postpone exams overriding UGC guidelines. However, SDMA cannot direct institutes to pass students based on previous performance," said the SC.

The directions of State Disaster Management Authority for canceling exams in that particular State will prevail over the UGC directions.However, the direction of the State Disaster Management Authority to pass the students on the basis of previous performance is beyond the scope of the Disaster Management Act.

It added that states/UTs cannot pass students without exams as directed by UGC but have the right to approach the body seeking a postponement of the deadline.

The UGC in its agruement stated that the direction was issued in the best interests of the students. The Ministry of Home Affairs told the Court that it has given an exemption for opening educational institutions for the purpose of conducting exams.

It was argued by the State Governments that the UGC has only the power to lay down standards or education and cannot issue peremptory directions to universities. Further, it was argued that the UGC can only lay down guidelines, that too after consluting the Universities as per Section 12 of the UGC Act. The States contended that the UGC took the decision without consulting them and without taking account of the local situations.

On July 20, more than a dozen students had moved the apex court against this UGC decision. The petitioners want that the final year candidates be assessed based on the performance in the previous semesters.

The order has been passed by Bench headed by Justice Ashok Bhushan on 28-08-2020.

Read Judgement Here:

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