SC on UGC’s Guidelines for Final Year Exams 2020: Hearing ends, Verdict Reserved for three days

The Supreme Court has reserved its verdict for the plea challenging UGC exam guidelines amid COVID-19 pandemic. UGC guidelines mandate colleges and universities to conclude final year exams of UG or PG courses by September 30. 

The apex court directed stakeholders to lodge replies in this regard within three days. The Supreme Court Bench headed by Justices Ashok Bhushan, R Subhash Reddy and MR Shah heard the case today for 3 hours.

State representatives of Maharashtra and Delhi placed their arguments stating their incapability to hold exams in this juncture.

The SC heart the plea last on August 14 (Friday) and adjourned for hearing next on August 18.

Solicitor General Tushar Mehta said: DM Act cannot overrule UGC Guidelines

Representing the case on behalf of MHRD and Central Government, SC Mehta said that Maharashtra state government will invoke Disaster Management Act to overrule holding exams. On the other hand, UGC is operating on a different level altogether for different areas.

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

Further speaking in favour of UGC, SG argued that unlike first and second year, third-year exams are held to award degrees. He even added that UGC Guidelines released on July 6 were placed after receiving approval from RC Kuhad Committee.

In line with their recommendations, the guidelines were issued setting deadlines of 30 September for final year exams.

UGC cannot set time limit for Final Year Exams of 2020

Referring to the query of Justice Bhushan, Counsel Datar replied, UGC can award degrees not set deadlines for exams.

India being among the countries to be worst hit by COVID19, the guidelines are invalid. Maharashtra, Tamil Nadu and Delhi are suffering the most, where exams cannot be conducted now on.  

SC Bench asks: Can Final Year Exams 2020 Be Skipped?

The Supreme Court on assessing the UGC Guidelines of 2003 realised that it is only advisory in nature.  Henceforth, UGC guidelines for annual, semester or tri-semester system of assessment can be followed.

Justice Bhushan then questioned back whether skipping final year exam will dilute education quality at all.

UGC Guidelines for Continuous Assessment

Justice Bhushan, Senior Counsel Datar responds referring to UGC Guidelines 2003 that states students should be evaluated based on continuous assessment and not a single exam.

He even added cumulative grading/ marking systems are necessary tools to grade students. This claims, students have been already assessed on 80% of the curriculum. 

SC: Awarding degrees without exams can dilute standards

Justice Bhushan claimed the court would address an important question relevant to understanding whether scrapping final year exams will dilute standards of education. 

SC Bench questions whether students can decide their welfare

Senior Counsel said that the court would address the question: “Students cannot decide their welfare, Authorities can decide their welfare.”

Today’s hearing addressed:

• UGC Guidelines and Assessment Standards
• Declaration of state regarding their inability to conduct exams amid COVID-19 crisis.

UGC lays down standards for not holding exams

Considering initial arguments, Senior Counsel Arvind Datar refers to UGC Guidelines of July 6, University Grants Commission can lay down standards for determining education quality.

As per Constitution Bench, it has no jurisdiction for conducting exams. In response to this, SC said such judgements were passed with regards to medical colleges, not regular colleges.

Counsel Datar said, judgement was regarding State and Central Government. UGC’s role is limited to examination and assessment of exams.