PIL Challenges Maharashtra Govt Resolution On Exams due to COVID-19

A division bench of the Bombay High Court has asked Maharashtra state government to respond to a petition that has challenged its resolution.

Earlier, the Maharashtra Government made a resolution to not conduct exams for non-professional courses and make it optional due to the situation caused by novel coronavirus pandemic.

The PIL filed by Dhananjay Kulkarni, a retired teacher from Pune, has stated that since UGC is the regulatory authority for higher education, Maharashtra state was not empowered to decide and announce the mode of assessment for final year students. 

Kulkarni seeks to set aside and quash the resolution by the state government of Maharashtra.

As per the government resolution, students of non-professional courses, who have cleared all previous semesters and wish to not appear for final exams should give their statement in writing to their respective universities.

Students who will opt for this option will be evaluated on the basis of their aggregate marks of previous semesters. 

While for students who were not satisfied with their score and wished to perform better should give a written undertaking to the effect which would enable them to take an optional exam later.

The plea stated, “There is an artificial classification made by the state among students who are admitted to professional and non-professional courses. If the state government is not going to conduct examinations for non-professional courses because of the coronavirus outbreak, there is no reason to conduct exams for professional courses either. There is no logic behind the decision and it is arbitrary and unreasonable and therefore court’s intervention is required.”

Furthermore, the petitioner submitted that the dual assessment method offered to the students in the GR was also without logic and such methods cannot be adopted while granting degrees. Students are given the option to appear for exams or accept average marks based on past performance.

“Such exercise is unknown to the educational field and therefore there is non-application of mind on the part of the state,” said the petitioner.

Following the submissions, the Court has directed that UGC should also be made a party to the PIL and directed the state to file a response to the plea within a week, the Court posted further hearing on July 17.

Following the resolution, Maharashtra Universities was also unable to take a call on promoting final year ATKTs Students.