28/08/2020 UGC right to make exams compulsory but states can postpone schedule: Supreme Court - india news

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UGC right to make exams compulsory but states can
postpone schedule: Supreme Court Coronaviru

However, states can approach the UGC if they wish to postpone holding the examinations beyond the September 30 deadline, a 3- Covid-19 Ta
judge bench headed by justice Ashok Bhushan ruled. Sushant Sin
INDIA Updated: Aug 28, 2020 13:35 IST Sara Ali Kha
hindustantimes.com | Edited by Prashasti Singh
Hindustan Times, New Delhi

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On July 6, the UGC had directed universities across the country to hold nal year examinations by September 30. (HT Photo)

  The Supreme Court ruled on Friday students cannot be promoted without writing the nal year
or terminal semester examinations, upholding a July 6 directive of the University Grants
 
Commission (UG) to hold exams by September 30.
 
However, states will have the liberty to defer such exams beyond the September 30 deadline in india
 
view of the coronavirus pandemic, the three-judge bench headed by justice Ashok Bhushan
said.

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28/08/2020 UGC right to make exams compulsory but states can postpone schedule: Supreme Court - india news - Hindustan Times

“States cannot promote students based on internal assessment or past performance. If states
want to hold exams after September 30, they can approach UGC for the same,” the bench said.

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Yuva Sena, the youth wing of the Shiv Sena, is among several petitioners in the top court and
has questioned UGC’s directive to hold examinations amid the coronavirus pandemic. The
bench had reserved its verdict on the issue on August 18.

UGC had earlier told the top court that its July 6 directive, asking universities and colleges to
conduct nal year exams by September 30 amid the Covid-19 pandemic, is “not a diktat” but
states cannot take the decision to confer degrees without holding the exams.

It had told the court that the directive is for the “bene t of students” as the universities have
to start admissions to postgraduate courses and state authorities cannot override the UGC’s
guideline.

The top court had observed that the issue is if the state disaster management authority has
decided that the situation is not conducive for holding exams, can they overrule UGC. It had
said that another issue is whether the commission can override state authorities and ask the
universities to hold examinations on given dates.

The top court was earlier told by one of the petitioners that nobody is against the university
examinations in “normal times” and the students are challenging the UGC’s decision because
of the pandemic.

The commission had said that nal examination is a “crucial step” in the academic career of a
student and the state government cannot say that its July 6 directive was “not binding”.

On August 10, UGC had questioned the decisions of Delhi and Maharashtra governments to
cancel nal year exams of state universities amid the Covid-19 pandemic, saying they were
against the rules. The Solicitor General had earlier informed the bench that out of over 800
universities in the country, 209 have completed the examinations while around 390
universities are in the process of conducting exams.

UGC had said that in June this year, considering the evolving situation of the pandemic, it
requested an expert committee to revisit the April 29 guidelines, by which it had asked the
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28/08/2020 UGC right to make exams compulsory but states can postpone schedule: Supreme Court - india news - Hindustan Times

universities and institutions to hold nal year examinations in July 2020.

The committee submitted a report recommending that terminal semester/ nal year
examinations should be conducted by universities/ institutions by the end of September, 2020
in of ine or pen and paper or online/blended (online + of ine) mode, UGC had said.

It added that this report of the expert committee was deliberated and approved by the UGC in
its emergent meeting held on July 6, since the conduct of the nal year/terminal examination
is a time-sensitive issue.

UGC had said, while assailing the decisions of some states like Maharashtra and Delhi of
cancelling the nal year exams, that such decisions directly affect the standards of higher
education. It will be an encroachment on the legislative eld of coordinating and determining
the standards of higher education that is exclusively reserved for Parliament under Schedule
VII of the Constitution, it had said.

(With agency inputs)

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