On 24 July, 2020 the University Grants Commission(UGC) filed an affidavit in response to a PIL that was against it’s Guidelines for conducting the exams of final – year students. In the case Dhananjay Raghunath Kulkarni v. State of Maharashtra and Ors , the UGC said that the decision of the Universities and Colleges to graduate the final- year students is against the interest of the students and their future will be affected.
Earlier on 17, July, 2020 the Maharashtra Government opined before Chief Justice Dipankar Datta that it could not permit to conduct the exams of the final – year students of the professional and non- professional courses in view of the current situation of the pandemic of the health of the students. The Bombay High Court issued the notice on this issue.
It has been argued that the Parliament has given powers to the UGC for determining the standards of Education and it’s procedure. Learned Advocate Rui A Rodrigues is of the view that the as per the provisions of the Indian Constitution the Parliament can make changes in the laws relation to the field of Education.
University Grants Commission stated that” the UGC has issued such guidelines to protect the academic future of students across the country which will be irreparably damaged if their final year / terminal semester examinations are not held, while also keeping in mind their health and safety.”
The Guidelines of the UGC were issued only after the Union Ministry of Home Affairs permitted to conduct the exams of the Universities and Colleges. It has also been reiterated that if any student is incapable of appearing for the exams that are scheduled to be conducted until September, a special exam will be sheld for such students after some time.
The principle the Courts of ‘ non – interference in matters of policy is highlighted by the Commission and it has been stated that Courts of Law do not ordinarily intervene in academic decisions and policy, nor do they normally substitute the views of expert bodies.”
Section-12 of the UGC Act states the functions of the commission. It empowers the commission to take all the adequate decisions in relation to the maintenance of standards of teaching, examination and research in Universities in consultation with the Universities and other authorities.
The main points of the Guidelines of the UGC dated 29.04.2020 was as follows-
- The schedule of Terminal Semester examinations has also got disturbed. In such scenario, it is joint responsibility of all the stakeholders to manage multiple key issues relating to academic activities in the institutions. While it is crucial to follow measures taken by the Government to contain the spread of COVID-19, it is also important to continue the educational process making effective use of technology and other available options. Future may have many uncertainties but difficult times demand quick appropriate decisions. We must be optimistic that we can reinvent work again and engage the students in effective and constructive ways”.
- The Universities may conduct Terminal / Intermediate Semester/ Year examinations in offline/ online mode, as per their Ordinances / Rules and Regulations, Scheme of Examinations , observing the guidelines of ‘ Social distancing’ and keeping in view the support system available with them and ensuring fair opportunity to all students.
- In light of the above reasons the UGC is of the view to conduct the examinations of the final- year students, while following the norms of social distancing.
- The Bombay High Court will take up the plea challenging the UGC Guidelines on July,31,2020.
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