Here's what has happened so far in the case
July 31- Student Vs UGC
After the Supreme Court issued a notice to UGC over the batch of pleas that challenged its decision on July 27, the hearing on the matter commenced on July 31. During the hearing, the UGC submitted a 50-page affidavit responding to different petitions saying that the decision will not be changed as it was based on the assessment by an expert panel. The UGC also added that decision was taken 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 UGC also informed that the decision to cancel the exams taken by states such as Delhi and Maharashtra will be considered as contradicting the guidelines and will be detrimental to the standards of higher education.
The affidavit clarified that no student will be forced to give the exams at the cost of their health as the guidelines allow the varsities to hold special exams for students who are unable to participate in exams that will be held by September 2020.
A rejoinder to the UGC reply was filed by advocate Alakh Alok Srivastava that said that the UGC had failed to take into account the worsening Covid 19 situation in the country and 'non-availability of free air/rail/bus/other transport movements in many parts of the country'. He also questioned the 'special exams' and said that one of the 31 petitioners to the apex court was Covid-19 patient and he feared losing job/admission opportunities.
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August 10: What happened during hearing?
During the hearing, Solicitor General Tushar Mehta representing the UGC said in the court that it's not in the interest of students to not hold exams. He argued that UGC is the only body that can prescribe rules for conferring a degree, and state governments cannot change the rules.
After hearing the arguments, the top court adjourned the hearing of students petition against UGC Guidelines to August 14.
August 14: Arguments made in support of the cancellation of exams
Before this hearing, the UGC had submitted its response to the Supreme Court opposing the decision taken by Maharashtra and Delhi governments to not conduct final year exams in colleges and universities. The UGC said that the decision is contradictory as the states are talking about cancelling exams while the process of admissions for the new academic session is impending.
By this time more voices had joined the cause and according to a report by Bar and Bench, the Karanataka High Court has started hearing the petition against the UGC filed by final-year engineering undergraduates at the Bangalore Institute of Technology.
On August 14 arguments were made in support of the cancellation of exams. Advocate Alakh Alok Srivastava who appeared for students raised questions about the impact of UGC's decision on the health of the students. He also highlighted the problems of transportation and the feasibility of the exams since many students have gone back to their homes due to the pandemic were also raised.
'There is a great disparity between the classes of students who are expected to appear. Many students have gone back to their hometown," said Dr. Abhishek Manu Singhvi who is the lead Counsel in the case. He also asked why the UGC is adamant about conducting the exams as the pandemic has disrupted the teaching schedule. 'Exams have to be held after teaching ... teaching has been disrupted and exams will be held now?' said Singhvi in the report.
The hearing was adjourned till August 18.
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August 18
Students anticipated that the court will provide clarity on this hearing. But the Supreme Court has reserved its judgment for the petitions challenging the decision of the University Grants Commission (UGC) to hold final year University exams. The Court also asked all the parties to file written submissions, if any, within a period of 3 days. In the hearing, Solicitor General Tushar Mehta who was appearing on behalf of the UGC, said that since the final year is a degree year the exams cannot be cancelled. He also highlighted that many top-level universities are conducting online exams and that students who will apply to foreign universities will require degrees.
"One thing I must emphasise is that the deadline was given for the benefit of the students. It is not a diktat. All universities have to start the admissions of postgraduate courses. The country is working. These students are 20/21 years old. Do you really think they re not stepping out?
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