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The Supreme Court on Thursday mentioned that Universities have been free to conduct examinations for the semester or terminal examinations for selling the primary and second-year college students in undergraduate or postgraduate programs.
A bench of Justices Ashok Bhushan, R Subhash Reddy, and MR Shah mentioned, “The University Grants Commission (UGC) has left it to the discretion of the Universities to conduct examinations for the 1st and 2nd-year students. If they want to hold the examination, we can’t stop them. This is not a ground for judicial review.”
The Court was listening to a PIL filed by a pupil Ayush Yesudas who claimed that as per the UGC Guidelines of April 27, 2020 college students within the 1st and 2nd year of undergraduate/postgraduate programs have to be assessed purely on foundation of inner evaluation and never an examination. This choice was taken in view of the rising variety of COVID-19 circumstances throughout the nation.
The bench mentioned that this situation was handled by its August 14 judgment the place it upheld the UGC’s July 6 Guideline mandating examinations for the ultimate year college students in UG/PG programs. At the identical time, Universities got the liberty to hold examinations for selling college students n the earlier years.
The April 27 UGC Guidelines mentioned, “For intermediate semester/year students, the Universities may conduct examinations, after making a comprehensive assessment of their level of preparedness, residential status of the students, status of COVID-19 pandemic spread in different region / state and other factors. In case the situation does not appear to be normal in view of COVID-19, in order to maintain “social distancing”, security and well being of the scholars, grading of the scholars could possibly be composite of 50% marks on the idea of the sample of inner analysis adopted by the schools and the remaining 50% marks could be awarded on the idea of efficiency in earlier semester solely (if out there).”
The petitioner cited this to state, “The COVID-19 situation is still not normal. Holding examinations in these circumstances will amount to a violation of UGC Guidelines.”
The bench dismissed the petition saying, “This Court cannot be expected to start monitoring the examination of each college. Holding the examination does not violate the UGC Guideline.”
The choice of the UGC to prescribe necessary conduct of ultimate year examinations as per its July 6 choice was challenged within the Supreme Court by University college students and lecturers’ associations, in addition to political outfits akin to Yuva Sena. As per the UGC directive, remaining year examinations have been to be performed earlier than September 30 by means of on-line, offline, or by combining each strategies.
In view of the COVID-19 state of affairs, Delhi and Maharashtra governments issued orders canceling the examinations for remaining year college students and directed their evaluation to be accomplished by means of inner evaluation. The Court upheld the UGC’s order directing the holding of examinations for remaining year college students. The choice of Delhi and Maharashtra to cancel the examinations was upheld. However, the Court held that they can’t situation route for selling college students, which falls inside the jurisdiction of UGC. The Court allowed states to write to UGC looking for additional extension of time for holding examinations in view of the COVID-19 state of affairs prevailing of their respective areas.
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