Thread by @barandbench

Karnataka High Court will continue to hear arguments on 3 petitions filed against Karnataka CET at 230 PM.

1) Group of Students & NSUI
2) Adv Pradeep
3) Adv AM Khan

@Rintumariam will be reporting live

#postponekcet20 #kcetpostpone2020
#KCETStudentsInHCForJustice #KCET2020

Karnataka Deputy CM Ashwatnarayan while speaking to media had said that Karnataka CET will go ahead as per UGC guidelines.

#postponekcet20 #kcetpostpone2020
#KCETStudentsInHCForJustice #KCET2020 @drashwathcn

As per media reports as of yesterday, there were 16,005 containment zones in Bangalore alone.

#KCETStudentsInHCForJustice #postponekcet20 #kcetpostpone2020

[YESTERDAY'S HEARING] AAG Dhyan Chinnappa had argued that there will be no exams in Containment zones and students will be placed in different rooms.

#KCETStudentsInHCForJustice #postponekcet20 #kcetpostpone2020

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[BREAKING] AAG Dhyan Chinnappa informs Bar & Bench that the Karnataka Government is going ahead with Karnataka CET.

Yesterday, the High Court had asked the Government to reconsider its decision to conduct the KCET.

#KCETStudentsInHCForJustice #postponekcet20 #kcetpostpone2020

As Chief Justice Abhay Shreeniwas Oka is unavailable, a Division Bench comprising of Justices Aravind Kumar and MI Arun will hear the matter shortly.

#postponekcet
#ExamsInCovidASuicide
#KCETExams
#KCETStudentsInHCForJustice

The Bench is yet to assemble.

#kcetpostpone
#KCETStudentsInHCForJustice
#ExamsInCovidASuicide
#KCETExams

Bench begins hearing.

#KCETStudentsInHCForJustice
#KCETEXAM
#kcetpostpone

AAG Dhyan Chinnappa appearing for State Govt submits the decision of the State (to go ahead with KCET exam on the scheduled dates).

#kcetpostpone
#KCETEXAM
#KCETStudentsInHCForJustice
#NoExamsInCovid19

Bench goes through the submissions of the State.

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

Adv Abdullah Manan Khan: I have not received the memo copy.

#kcetpostpone
#KCETExams
#NoExamsInCovid19

Senior Adv Ponnanna: I have received it.

Adv Khan: I have not received it. I am checking my phone now.

I will take it from Snr Adv Ponnanna.

Submissions of the State Govt are as follows:

Snr Adv Ponnanna: SOP for conducting KCET for COVID students was issued on May 17. That time, the situation in the state was quite different.

Cases have crossed 1 lakh now. In the city, almost 50,000 cases now.

On the date of the notification, cases were considerably less.

Environment is not fit enough to conduct an exam, milord, Ponnanna submits.

State submits that 1881 students are coming from outside Karnataka. 1300 students are coming to the Bangalore centres.

#kcetpostpone
#KCETStudentsInHCForJustice
#KCETExams

Another Petitioner Adv submits that containment zones are changing everyday.

10978 containment zones are there at present, they are only increasing by the day, Ponnanna. One containment zone (in Bangalore west) has about 12150 households, he adds.

#kcetpostpone
#KCETExams

Bench: We will not go ward wise.

Ponnanna: I am not on that. In containment zones, they cannot move in and out. Only essential activities are allowed there.

#kcetpostpone
#KCETExams

Bench: How many students are there in containment zones? We cannot presume.
SSLC exams was conducted and 8 lakh students wrote the exams.

#kcetpostpone
#KCETExams
#ExamsInCovidASuicide

Ponnanna refers to yesterday's decision by HC. He says that the HC had asked the Govt to reconsider its decision, it is a positive direction.

#kcetpostpone
#KCETEXAM

You cannot dilute containment zones. You cannot put health of the public at risk. It is violative of Art 14 and 21, Ponnanna.

#kcetpostpone
#KCETExams
#NoExamsInCovid19

State has said that it is going to dilute quarantine rules as well. The State will be treating students from other states as "business travellers". It is not permissible for the State Govt to do this and be arbitrary, Ponnanna.

#kcetpostpone
#KCETExams
#KCETStudentsInHC

Bench: When is NEET?

Ponnanna: JEE, NEET, AIEEE have all been postponed. NEET is postponed from July 27 to Sept 13.

#kcetpostpone
#KCETEXAM
#KCETStudentsInHCForJustice

Even COVID-19 students are permitted to write the exam. They are supposed to give a "Risk Consent".

But the format is not mentioned.

Bench: Have other states conducted the exam?

#KCETEXAM
#kcetpostpone

Except Kerala, no other state conducted the exam, Ponnanna.

He adds that colleges, schools are all functioning virtually. Exams also have been postponed.

This is not a conducive environment to conduct exam, Ponnanna

#kcetpostpone
#KCETExams

Pet Adv Anil Kumar begins his set of pleadings.

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

Kumar: Lockdown is still continuing Containment zones (CZ). State Govt cannot go against Central Govt order.

Bench: Find out total number of containment zones, district wise and Taluka wise.

Kumar: State Govt has not done any exercise to find out number of students in CZ.

Kumar refers to an email by a student whose says that she is COVID-19.

Bench: Check the last line, it says "we have not been able to study due to COVID-19"

Kumar: There are many students with COVID-19, but there is no helpline, portal for such students.

#kcetpostpone

Kumar: First Central exam happens, only then State exams is conducted.

For SSLC, a second opportunity is provided. For KCET, it is not provided.

Bench: Is it possible to givesecond chance?

Kumar: May not be possible, therefore State has to be more cautious

#KCETEXAM

AAG Chinnappa: over 1 Lakh students have downloaded the hall ticket and are writing the exam.

Bench: Downloaded is correct, we don't know about writing the exam.

AAG Chinnappa: we will only know tomorrow.

#KCET2020
#kcetpostpone
#KCETEXAM

Kumar: Many students are coming from far off places, lunch is not provided.
Covid students have to come in their own ambulances. They have to make their own arrangements. Many patients may not be able to get ambulances. If one person gets covid now, whom should he contact?

Kumar: State SOP only deals with Exam on July 30 and 31, does not deal with August 1 exam.

497 rooms are not enough as maximum 24 students will be permitted in each room. State has to clarify whether they have more rooms. If we divide it, approx 8300 will have to be provided

We are not asking for cancellation, let them postpone it. This has been done in a hurry, Kumar

#kcetpostpone
#KCETExams
#KCETExams

Adv Manan Khan makes his submissions.

#kcetpostpone
#KCETExams
#ExamsInCovidASuicide

Khan: Thermal screening is not sufficient. Lot of undetected cases will also be there in the centres. Certain positive cases are missing from hospitals, we have no information about them.

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

Khan: It has also been mentioned that an ink pad will be present. Thumb impression of students are taken. This will also facilitate spread of COVID

#KCETEXAM
#kcetpostpone
#ExamsInCovidASuicide
#KCETStudentsInHCForJustice

Further Khan informs that, when exam was conducted in Kerala, students were infected of COVID.

There is twitter trend to postpone KCET #kcetpostpone exam. About 52,000 students have retweeted, Khan.

#kcetpostpone
#KCETExams

Khan: CET is a career defining exam, not like SSLC.

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

An Adv wishing to intervene, seeks permission to make a submission.

11,000 students have been deprived of hall ticket due to technical reason.

Bench: We are on the larger issue.

Bench turns to AAG Chinnappa.

Bench: Instead of Court passing an order, it thought the wisdom of the State Govt would prevail.

If anyone misses the exam, will you give them another window?

Chinnappa: That decision has not been taken.

Bench: Make a categorical statement.

Chinnappa: Only 40 students writing the exam have covid.

Bench: How do you know?.

Bench: Why should students come with a doctor certificate? What is this? We are not satisfied with your SOPs.
What is the hurry for you? Even NEET has been postponed.

#KCETEXAM
#kcetpostpone

AAG Chinnappa faces some connectivity issue.

#KCETEXAM
#kcetpostpone

Bench: From May 13, till now, there has been tremendous change in COVID situation.
Can we put lives of young boys and girls in danger?

Bench: Suppose one student from another state/district runs temperature, where will he/she stay? Who will bring such persons from that district to Bangalore?

Bench: What is this Risk consent? What is the format, where is it uploaded, from where should students get it?

Bench: Which medical practitioner will give a certificate to covid patient saying that he is fit to write exam? There are no clinics now.

#kcetpostpone
#KCETExams

Bench: Containment zones are changing on a daily basis. What if they say that student is permitted to enter centre, but not his father or mother?

That is why this Court thought it would be fit for you to take a decision.

#kcetpostpone
#KCETEXAM

Chinnappa: reads the State submissions.

One room is kept open for students whose temperatures may arise, he submits.

#KCETEXAM
#kcetpostpone

(Disturbance continues)

Bench: Did you give second chance for SSLC students?

Chinnappa: yes, milord. But I am instructed to say that since CET is a competitive exam, a second chance may not be possible.

#kcetpostpone
#KCETExams
#ExamsInCovidASuicide

Chinnappa submits that transportation will be provided for CET students, Centres will be sanitized, covid positive students will be kept in separate room, containment zones students will also be taken care of, students from other states will be treated as "business travellers".

Bench: How will you identify Covid positive students?

#kcetpostpone
#KCETExams

Chinnappa: First, they have to register in Karnataka Examination Authority. Then an ambulance will transport them to designated exam center.

Bench: What if they were declared covid positive yesterday? Then what if they are denied saying that they did not register earlier?

Bench: Court yesterday felt that you could come up with something better.

Bench: Can exam be conducted in one single day? Why not?

#kcetpostpone
#KCETEXAM
#KCETStudentsInHCForJustice

AAG concludes his submissions.

#kcetpostpone
#KCETExams

Adv Kumar informs that as per UGC guidelines, there is a provision of special chance.

#kcetpostpone
#KCETExams

Bench: What injury will be caused to you if KCET is postponed? Is there any irreparable/disproportionate financial damage?

Financial injury is there. All facilities have been set up, we are in a state of preparedness. Students are also mentally prepared to write exams now.

Chinnappa: Milord, sorry if your Lordships thought that I was making a face, I would never do that

Bench: Don't take it seriously. We also make certainly observations. Dhyan, you have been doing a wonderful job, you may succeed or not succeed, that's a different thing.

Bench rises for a break of 15 mins.

The Division Bench is yet to resume the session.

#kcetpostpone
#KCETExams

The Bench is yet to resume. #KCETStudentsInHCForJustice #KCETEXAM

Court officer has informed that the Bench is likely to assemble in 10 mins to pronounce order.

#kcetpostpone
#KCETEXAM
#KCETStudentsInHCForJustice

Bench re-assembles.

#kcetpostpone
#KCETExams
#NoExamsInCovid19

Bench poses two questions to State.

What happens if Covid positive students are unable to produce certificate from medical practitioner saying he/she is fit to write exam?

What happens if risk consent is not there?

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

Bench: Are you ready to provide transportation from containment zones to candidates?

Chinnappa: Have made buses available throughout all wards. If we receive specific requests, we will cater to it.

#kcetpostpone
#KCETExams
#ExamsInCovidASuicide

Pet Adv says that helplines are not working. One positive student has not even gotten hall ticket. There is no portal for such students.
Let them give some active portal, he adds.

#KCETEXAM
#KCETStudentsInHCForJustice
#KCETExams

Hall tickets will serve as passes to move out of containment zones, State govt clarifies

#kcetpostpone
#KCETExams
#KCETStudentsInHCForJustice

Bench: Inform your police. No student should be prevented from attending the exam.

#kcetpostpone
#KCETExams

ORDER:
BENCH: Examination cannot be stalled. All students who come to give examination should be allowed to write CET. The Court is only looking at the decision making process and not the decision itself.

Interim prayer stands rejected.

BREAKING: Karnataka HC rejects interim prayer to postpone Karnataka CET, Examination to happen as per schedule.

Bench clarifies that on no ground, should a student be denied the opportunity to write exam.
Authorities should provide transport to students on cases to case basis and not just to COVID positive students, Bench.

#KCETExams

HC directs SOP should be uploaded in Karnataka Examination Authority's web portal before 8pm, today.

#KCETEXAM

Bench says that order will be uploaded in the Karnataka HC website in 15 mins.

#KCETExams

Hearing comes to an end.
Bench rises.

#KCETExams

[Breaking] Karnataka CET cannot be stalled, no student to be prevented from attending the exam: Karnataka High Court
#KCETExams #KCETStudentsInHCForJustice @anubha1812
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