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NEW DELHI :
Four states and Union territories – Maharashtra, Delhi, West Bengal and Odisha – Tuesday urged the Supreme Court to direct the University Grants Commission (UGC) not impose the ultimate year examination on lakhs of college college students throughout an ongoing pandemic. The apex court docket has concluded the listening to however deferred a judgement on the difficulty.

States mentioned they weren’t consulted earlier than finalizing the UGC pointers. They additionally argued that state governments have the ability to take well being associated choices within the curiosity of individuals and the UGC examination pointers intervene with their rights.

A three decide bench comprising Justices Ashok Bhushan, R Subhash Reddy and B.R Gavai heard all of the events for nearly 4 hours. The bench gave states and the UGC three days time to submit their closing written arguments. The court docket shall additionally determine whether or not the states have energy underneath Disaster Management Act to defer closing examination until scenario normalizes in contradictions to UGC’s pointers.

Senior Advocate Arvind Datar representing Maharashtra submitted that the state is the worst affected and highlighted two points — first, he submitted that “there may be nothing arbitrary in a University taking a choice towards UGC. If IIT can do this, others can too.”

Secondly, he argued that course of UGC to all Universities to maintain examination it at any price by 30 Sept is a whole violati of its powers and is outdoors the scope of the powers of UGC. “It is extremely vires of UGC to mandate the exams to be held by Sept 30,” mentioned Datar.

Advocate General of Odisha highlighted that it could be a herculean job for the hostels to accommodate college students since faculties have been closed since March and homeowners is not going to be prepared to accommodate college students. He added, “We have been writing to the federal government to make them perceive this case.”

UGC on 6 July had introduced that schools and universities will want to conduct closing year and closing semester examination by finish September. And such exams might be performed in offline (pen and paper), on-line or blended (on-line + offline) mode. The apex training regulator had then mentioned that its resolution not to scrap the ultimate semester and closing year exams relies in tutorial prudence and wish for sustaining credibility.

Solicitor General Tushar Mehta representing UGC, mentioned, “First the Bench wants to determine who’s superior. I don’t need to make this right into a Centre v. State argument. But, allow us to have a look at the UGC Act and its powers.” He argued that the UGC pointers are issued underneath the UGC Act and so they have statutory power therefore binding. He added, the schools can look for deferment of the examinations however can not grant levels with examination.

During the listening to, the court docket requested Mehta, whether or not UGC can override a state the place a sure scenario is present and mandate for conducting examination.

“In West Bengal, we don’t have campus centres. There are totally different centres which want to be booked and would require college students to journey and discover lodging throughout the State….These are particular circumstances which have an effect on West Bengal. Metro shouldn’t be working, native trains should not working. Question of holding exams doesn’t come up. Cannot be achieved,” submitted senior advocate Jaideep Gupta, representing an association of teachers. He added, “There is also the Cyclone Amphan, which has led to many institutions being turned into shelters. Physical exams in this situation is just not possible!”

Senior Advocate KV Vishwanathan, on behalf of Delhi authorities submitted that there are college students who’ve grandparents, mother and father at residence and they aren’t even stepping out of the home. Further lots of the college students don’t have entry to books. “The most hard-hit would be the poor, the downtrodden, and people with none entry to expertise. Unless you determine to give all of them Tablets,” mentioned Vishwanathan

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