States under Disaster management Act can postpone exams in view of pandemic: SC
Rajan Nath
August 28th 2020 01:15 PM --
Updated:
August 28th 2020 01:20 PM
The Supreme Court on Friday upheld the University Grants Commission (UGC)'s July 6 circular to hold University final year exams. The apex court said that "States must hold exams to promote students. It also said that the states under the Disaster Management Act can postpone exams in view of pandemic and can consult UGC to fix dates.
The Supreme Court said in a statement that the students cannot be promoted without University final year exams. Therefore, the States/UTs can approach UGC to seek an extension of the deadline for holding exams.
3 distinct points of SC's Final Decision on UGC Case:
- Petition to quash UGC Guidelines to hold the examinations quashed.
- The directions of the State Disaster Management Authority to cancel exams in that particular state will prevail over the UGC directions.
- Exams Mandatory! States cannot promote students without holding final year exams.
There were multiple petitions in the Supreme Court that include one asking UGC Guidelines to be quashed. Supreme Court announced that the states, under the Disaster Management Act, have precedence over the UGC. Likewise, the States can cancel the examinations, hence Maharashtra University Exams can be cancelled.
Here are the key points of UGC Case in Supreme Court:
- The petitioners have argued that the final year examinations should be cancelled as the situation is not conducive.
- Four states replied to the petitions, saying that they would not allow the examinations to be conducted as the coronavirus cases in the state are increasing at a rapid pace.
- UGC asserted that the States do not have the authority to cancel the examination.
- UGC has argued that as per the statute, it is well within its right to order the examinations.
- UGC has further stated that while the states can ask for the examinations to be postponed, but no degrees can be awarded without conducting any examination.