SC Decision on Final Year Exams 2020: Supreme Court reserves its order, asks all parties to file reply in 3-days, Final Verdict Awaited

SC Decision on Final Year Exams 2020: The Supreme Court of India has reserved its order on the hearing of plea challenging holding of Final Year Exams 2020 as mandatory assessment for university and college students. The apex court has asked all the stakeholders to file written replies on the matter within next three days. The case which challenged the UGC Guidelines on the mandatory holding of Final Year Exams 2020 was being heard by a Supreme Court Bench comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah is hearing the case today. During the long drawn hearing which went on for nearly 3 hours, representatives from several state governments, including, Delhi and Maharashtra, presented their arguments against their inability to hold university exams across the state amid the on-going pandemic.  

Stay tuned for live updates from the Court Hearing on UGC Guidelines on Final Year Exams!

Final Year is Degree Year, Exams can’t be done away with: SG Tushar Mehta

Further making his point in favour of UGC Guidelines mandating the holding of university and college level exams, SG Tushar Mehta argues that unlike the 1st and 2nd Year students, the final year exams are held for award of degrees and therefore they cannot be done away with. He also adds that the UGC Guidelines issued on 6th July were framed after taking into account recommendations made by the RC Kuhad committee. In line with the recommendations, the guidelines proposed mandatory holding of final year exams with a deadline of 30th Sept 2020.

Disaster Management Act can’t override UGC Guidelines: SG Tushar Mehta

Presenting the side of the HRD Ministry and the Central Government, Solicitor General Tushar Mehta said that the Maharashtra Government has decided to invoke State Disaster Management Act of Maharashtra to override the holding of college and university exams for students. However,  UGC which is functioning under a different statute in a different area, he adds.

UGC can’t set deadline for holding of Final Year Exams 2020

In response to the query of Justice Bhushan, Counsel Datar responds with rebuttal that UGC can say don't award a degree without holding of an exam but it cannot say that you hold the exam by 30th September at any cost. He also says that uniform guidelines issued by UGC for universities across the country are not valid as COVID-19 crisis has hit different parts of the county differently. Maharashtra, Tamil Nadu and Delhi have been worst hit regions and therefore same guidelines cannot be applied across the country.

Can Final Year Exams 2020 Be Skipped? asks SC Bench

Supreme Court bench in its assessment of the case noted that the UGC Guidelines of 2003 are not mandatory and are mere advisory in nature. These guidelines provide for annual, semester or trisemester system of assessment which can be followed by the universities. Following this, Justice Bhushan circles back to the same question, if Final Exams for University and college students be skipped without leading to dilution of quality and standards

UGC Guidelines call for continuous assessment of students

Addressing the queries put forth by Justice Bhushan, Senior Counsel Datar responds with the UGC Guidelines of 2003, which says that the overall performance of students for the university and college assessment should be done throughout the year and not based on a single year end examination. He also refers to the cumulative grading/ marking system provided for in the UGC Guidelines of 2003, which provides the necessary tools for continuous assessment of the students. He says that based on this system, most of the students have already completed 80% of course and have also been assessed for the same.

Awarding Degrees without Final Year Exams May lead to dilution of standards: SC

Justice Bhushan also says that another important question that the court will address today is about the awarding of degrees to the students without holding the final year exams. He also added that the court must look at the aspect of lowering or dilution of academic standards that will arise in response to the cancellation of Final Year Exams 2020 for university and college students and awarding of degrees to the students without results.

Can students decide their own welfare, questions SC Bench

Furthering his argument, Senior Counsel says that the most important question that the apex court should assess today is about ensuring the welfare of the students. In response to this, the bench rebuts the counsel saying “Students cannot decide their welfare, Authorities can decide their welfare.” Following this, Justice Bhushan lays down two important points which the court would be assessing in today’s hearing i.e.

• UGC Laying Down Guidelines and Assessment Standards
• State’s declaring their inability to hold exams amid COVID-19 crisis.

UGC responsible for laying down standards, not for holding exams

During the initial arguments, Senior Counsel Arvind Datar refers to UGC Guidelines issued on 6^th July and said that the University Grants Commissions has been entrusted the responsibility of laying down the standards of assessment and educational quality. However, it has no jurisdiction as regards conduct of exams as per judgment of the Constitution Bench. In response to this, the SC Bench says that the judgement of the Constitution bench was passed with regards to medical colleges and not general colleges.

In response to this, Counsel Datar says that the judgement addresses the question pertained to the power of the State and Central Government. It shows limited scope of UGC with regards to examinations and assessment. UGC’s role has been limited to laying down the standards for conducting the Exams