Delhi & Maharashtra Govt. Decision of Scrapping Final Year Exams stands Void ab initio, says UGC

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Opposing the Delhi and Maharashtra government's decision to cancel final year examinations in wake of COVID-19, UGC told Supreme Court on August 13, 2020 that the step is invalid at the outset and holding examinations is to the best of interest of the students.

The affidavit filed by Dr. Nikhil Kumar, UGC Education Officer, reads, "Needless to say, these alleged circumstances should then prevent even the commencement of the next academic session. However, the state government avers that next academic session must begin in the interest of the students, while at the same time contending that the final examinations should be cancelled. Such contentions by the state government are clearly therefore meritless."

In the hearing held on August 14, 2020, UGC said that the decision of the state government is an act of intrusion on the legislative field of coordinating and determining the standards of higher education. The holding of final examinations is a crucial step in the academic career.

In the last hearing, solicitor general Tushar Mehta told the Supreme Court that the state decision of canceling final year examinations would not be a fit step and the degrees awarded may not get recognition from UGC.

Later SC sought UGC to examine the situation and clarify whether the Disaster Management Act in wake of pandemic COVID-19 can override the UGC guidelines. In response to which yesterday UGC told SC, "Neither the Disaster Management Act, 2005, nor the Epidemic Diseases Act, 1897, empower the state authority to make decisions that impact the standards of higher education."

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The affidavit filed by UGC also reads that the State Disaster Management Authority's June 18 decision of not conducting final year exams of professional and non-professional courses as well as the state authority's July 13 decision reiterating non-holding of examinations are in violation of UGC's guidelines, which must be followed and as such are void ab initio (invalid at the outset).

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