Hindustan Times (Delhi)

No degrees without exams, UGC tells SC

FINAL AUTHORITY States cannot take a call as degrees are conferred by UGC, court told

- Murali Krishnan and Amandeep Shukla letters@hindustant­imes.com

nNEW DELHI: India’s higher education regulator, the University Grants Commission (UGC), told the Supreme Court on Monday that degrees cannot be conferred on students without final year examinatio­ns being held and that it alone is empowered to take a call on whether or not the exams can take place or should be cancelled.

State government­s cannot cancel examinatio­ns, that power lies with the UGC, solicitor general Tushar Mehta, appearing on behalf of the UGC, told the top court in response to the stance of the Delhi and Maharashtr­a government­s that they have cancelled final year/ terminal semester examinatio­ns because of Covid -19.

“How can states cancel exams when UGC is empowered to confer degrees? Students cannot get degrees without exams. Such degrees will not be recognized by UGC. That is the law,” Mehta told a three-judge bench headed by justice Ashok Bhushan.

The bench, which also comprised justices R Subhash Reddy and MR Shah, was hearing a batch of petitions by students and organizati­ons challengin­g the July 6 guidelines issue by UGC on holding final year examinatio­ns by September 30.

The petitioner­s have demanded that the apex court consider scrapping online/offline tests and instead direct the UGC to declare results by July 31 based on the past performanc­e of students or internal assessment.

“It’s not just about a couple of students. Any decision regarding exams impacts a large number of students,” said Mahesh Verma, vice chancellor of Guru Gobind Singh Indraprast­ha University-a state government-run institutio­n in Delhi that has promoted students based on their performanc­e in the last semester and internal tests.

“Many of them are living in far-flung areas amid the pandemic and have no access to devices and the internet. They did not get opportunit­ies to attend online classes. How can we take exams of students who could not be taught? ... We just hope the UGC realises the present challenges and ensure that students are not impacted by their decision.”

DISASTER ACT INVOKED

Delhi and Maharashtr­a government­s invoked powers under the Disaster Management Act of 2005 to scrap the exams. The Disaster Management Act is a law intended to ensure effective management of disasters and it empowers central and state government­s to take measures to mitigate disaster situations. Both are among the worst affected by the pandemic.

“The powers under it {Disaster Management Act} are sweeping as we saw when the central government and states imposed lockdowns bringing life to a standstill and effectivel­y curtailing various fundamenta­l rights of citizens like right to move freely. If fundamenta­l rights can be curtailed in exercise of that law, then postponing examinatio­ns is also reasonable. Hence, in my opinion the power of states under the Disaster

Management Act will trump the powers of UGC,” Supreme Court advocate Haris Beeran said. Maharashtr­a announced its decision on June 19 and Delhi on July 11.

The Maharashtr­a government told the apex court that it took the decision to scrap the final-year exams after the State Disaster Management Authority, constitute­d under the Disaster Management Act, recommende­d this against the background of the Covid-19 pandemic. It was submitted by Maharashtr­a that a majority of university vice chancellor­s from the state were against holding final-year examinatio­ns because of an exponentia­l rise in Covid-19 cases in the state.

Maharashtr­a has been hit the hardest among Indian states by the viral disease, reporting over 500,000 cases and 17,757 deaths till Sunday night.

The Delhi government also adopted a similar stance, pointing out that not all students were able to attend online classes, citing a digital divide that made online teaching inaccessib­le to less privileged students.

“During this extremely tough period, regular physical classes got completely interrupte­d. The students had no access to study material and the college libraries were closed, although getting access through online mode in such peculiar circumstan­ces, the students did not get the kind of preparatio­n needed to attempt a full-fledged examinatio­n,” the affidavit by the Delhi government said.

Delhi reported over 145,000 cases and 4,111 deaths till Sunday night.

All colleges have been shut since later March on account of Covid-19 and the lockdown imposed to fight it. In all, India imposed a 68-day lockdown between March 24 and May 31. Since then, some activities have been allowed, although educationa­l institutio­ns have not been allowed to reopen.

Apart from Maharashtr­a and Delhi, states including Odisha, Punjab, Haryana and Madhya Pradesh have cancelled university exams including final-year exams. Tamil Nadu and Karnataka had cancelled university exams except for final year/ terminal semester students.

“The affidavits by Maharashtr­a and Delhi are against UGC guidelines. It is the UGC which confers degrees,” Mehta said.

“But will the Disaster Management Act override the UGC directive?” the bench queried him, asking Mehta to respond in an affidavit.

The matter was adjourned to enable the UGC to file its response and will be heard again on August 14.

A government official said the matter was “sub-judice” and added that the regulator’s move was keeping in mind the UGC Act and regulation­s related to exams and degrees.

At an event earlier in the day, education minister Ramesh Pokhriyal Nishank said the decision on exams was taken to ensure that the shadow of Covid did not fall on the degrees of students and their careers were not affected. The minister was asked a question about the opening of schools, to which he replied that a decision would be taken keeping in mind the safety of students and staff.

FUTURES AT STAKE

The UGC filed an affidavit before the top court on July 30 defending its July 6 directive that examinatio­ns be held by September-end. stating that the academic future of students will be irreparabl­y damaged if the examinatio­ns are not held.

The final-year/ terminal semester examinatio­ns were initially scheduled to be held in July. This was based on April 29 guidelines issued by UGC based on the recommenda­tions of an expert committee headed by Chairperso­n of Central University of Haryana, RC Kuhad.

Keeping in view the evolving Covid-19 situation, UGC, in June, requested the expert committee to revisit the guidelines. Based on the expert committee’s recommenda­tions, fresh guidelines were then issued on July 6, directing that examinatio­ns be held by the end of September.

The guidelines say that universiti­es could conduct the examinatio­ns in the online or offline mode and by ensuring adherence to social distancing norms.

A Covid-19 positive student was one of the petitioner­s raising the demand for the exams to be cancelled. Shiv Sena’s youth wing, Yuva Sena, was also a petitioner before the Court.

“Final-year/ terminal semester examinatio­ns are important because the learning process of a dynamic interactio­n where the only way to figure out what the students know is to seek evidence of their knowledge. Academic evaluation of final-year students is, therefore, a very important milestone in any education system,” UGC said.

Manoj Khanna, principal of Delhi University’s Ramjas College, agreed. “It would be very difficult to assess students on the basis of internal marks. It cannot be a proper form of assessment and it can be an injustice to students who prepare well for the final exams. Not taking exams won’t be justifiabl­e.” Khanna said.

Many students, however, are against the UGC’S insistence on conducting final-year exams. “Many state universiti­es are promoting their final year students on the basis of last semester and internal assessment and still the UGC is adamant about conducting exams,” Amal K Simon, a final year BSC (Physics) student at Ramjas College in New Delhi, said. “The students are going through a lot of issues amid the pandemic. Families of many students are going through major financial crisis.”

“It is an incontrove­rtible fact that as per the Parliament­ary Act, UGC is the only agency to lay down rules for the grants of degrees for all kinds of universiti­es: Cental, State, Deemed, Private. It has also the power to derecognis­e the degree awarded in violation of the UGC guidelines. However, in these unpreceden­ted Covid pandemic times it is desirable that a legal or political fight should not mar the future of millions of final year students or inordinate­ly delay their results. MHRD and UGC should immediatel­y engage in a dialogue with the contending states to reach an amicable and academical­ly sound solution,” said former UGC member Dr Inder Mohan Kapahy.

Goa

Karnataka

Kerala

 ?? PTI ?? So far, Delhi and Maharashtr­a government­s have invoked powers under the Disaster Management Act n of 2005 to scrap all exams, including tests for final-year students.
PTI So far, Delhi and Maharashtr­a government­s have invoked powers under the Disaster Management Act n of 2005 to scrap all exams, including tests for final-year students.

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