Condition Has No Energy To Cancel Examinations, UGC Tells Bombay Superior Court docket

State Has No Power To Cancel Exams, UGC Tells Bombay High Court

UGC Pointers: State Has No Energy To Terminate Examinations, UGC Tells Bombay Higher Court


In an affidavit filed in the Bombay Substantial Court on Friday, higher instruction regulator UGC explained the Maharashtra authorities does not have the energy to terminate closing yr examinations amid the COVID-19 pandemic. The College Grants Fee or UGC submitted the affidavit in response to a petition submitted by Dhananjay Kulkarni, a retired instructor and previous university senate member from Pune. Mr Kulkarni experienced challenged the point out government’s determination to terminate examinations of remaining year college students of both equally expert and non-skilled programs.

The condition governing administration, retaining in look at of the present-day COVID-19 scenario, had canceled remaining calendar year exams to be performed in the point out universities and expert faculties final thirty day period by stating that it has the electrical power to do so underneath the Epidemic Illnesses Act and Disaster Administration Act.

But, information company PTI documented that, the UGC now argued that these functions can not be invoked to “render the statutory provisions of another unique Act these kinds of as The College Grants Commissioner Act nugatory”.

A division bench headed by Main Justice Dipankar Datta posted the subject for even more hearing on July 31.

The UGC has issued two independent pointers on April 29 and July 6, 2020, inquiring all universities and institutions throughout the place to perform tests by the conclude of September 2020. The Maharashtra government’s final decision was contrary to these rules by the higher education regulator.

The rules were issued soon after the Union Ministry of Home Affairs permitted holding of examinations by universities and other establishments, the UGC mentioned.

The suggestions were issued to shield the tutorial and job passions of students and at the identical time safeguard their health and fitness, it said.

The Maharashtra government’s selection “to defer the closing 12 months exams or to graduate college students with no keeping exams would straight have an effect on the standards of bigger education in the place,” the UGC said in its affidavit.

UGC was the apex system for regulating the benchmarks of assessment, the affidavit asserted.

“All universities/establishments in the nation are obligated to carry out the last yr evaluation by the conclude of September 2020,” it claimed.

Apart from Maharashtra, Madhya Pradesh and Haryana have also resolved to terminate examinations of all university pupils, and to promote them based mostly on their earlier performances.

In the meantime, in a connected improvement of Thursday, a group of 31 students have filed a petition from the UGC on its conclusion to compulsorily conduct final 12 months examinations by September-end. The scenario has been outlined for the listening to on July 27. The students, from Karnataka, Assam, Uttar Pradesh, Bihar, Meghalaya and several other states, have sought to quash the UGC notice released on July 6, in which the Commission has asked universities to compulsorily carry out the ultimate yr tests by September 30.

Previously, the Shiv Sena’s youth wing Yuva Sena had also moved the Supreme Courtroom trying to find cancellation of the closing 12 months exams of universities across states in see of the COVID-19 crisis.

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Yuva Sena secretary Varun Sardesai explained to PTI the petition filed by him was admitted on past Saturday. The Yuva Sena has demanded all states be offered the suitable to choose an appropriate decision dependent on the prevailing condition in their respective spots.

The youth wing is headed by Aaditya Thackeray who retains environment and tourism portfolios in the Shiv Sena-led state government.

(With PTI Inputs)

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