Thread by @barandbench

The UGC MATTER is coming up before a bench headed by Justice Ashok Bhushan.

Advocate @advocate_alakh is arguing for the students to postpone the exams due to Covid 19 pandemic.

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@anubha1812 #StudentsInSCForJustice #studentsAgainstUGCGuidelines

(CORRECTION) Advocate for the students is seeking to cancel the exam. @anubha1812 @advocate_alakh #StudentsInSCForJustice #studentsAgainstUGCGuidelines

Currently, there are 6,61,595 active cases in India and 48,040 deaths due to Covid. As per @MoHFW_INDIA , there were 1,007 deaths due to Covid in a single day yesterday.

@anubha1812 @advocate_alakh #StudentsInSCForJustice @31Petitioners #studentsAgainstUGCGuidelines

The University Grants Commission (UGC) had registered its opposition to the stance taken by the Government's of Maharashtra & Delhi not to conduct final year exams this year amid the COVID-19.
(barandbench.com/news/litigatio…)

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Bench assembles. Supreme Court Bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah to hear. UGC hearing listed as Item 7 on the cause list.

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UGC matter passed over. The Bench will take up the matter today after a few minutes.

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UGC Hearing begins

#StudentsInSCForJustice #studentsAgainstUGCGuidelines @anubha1812 @advocate_alakh #SupremeCourt @DrAMSinghvi

Dr. Abhishek Manu Singhvi, lead Counsel, in the case addresses the court first.

@DrAMSinghvi Singhvi: Larger question the SC is dealing with is the right to life.

The graph of daily cases and daily deaths is rising.

#StudentsInSCForJustice #SupremeCourt

Singhvi: There is great disparity between the classes of students who are expected to appear.

Many students have gone back to their hometowns.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812

Singhvi: Intracity, Many students rely on public transport and the commute is a major issue.

Singhvi: The supreme irony is that the guidelines talk about the rising cases.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @advocate_alakh

Singhvi: Exams have to be held after teaching... teaching has been disrupted and exams will be held now?

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @advocate_alakh

Singhvi: Consistent stance of the MHA since March has been that the educational institutions should be closed and the same was reiterated by the MHRD but a sudden volte-face now

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @HMOIndia @DrRPNishank

Singhvi: All educational activity, teaching everything was stopped for the last five months.

There is a direct nexus between teaching and being tested.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @HMOIndia @DrRPNishank

Singhvi: This entire thing has happened because of the pandemic which is a special scenario.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @DrRPNishank

Singhvi: National Disaster Management Act applies to everything and in every district.

Courts also are required to be physically shut due to NDMA.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @DrRPNishank

Singhvi taking the Court through the UGC guidelines (which mandates the exams be held by September 30).

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @DrRPNishank

Referring to earlier UGC guidelines,

Singhvi says that those guidelines were "flexible" and "compassionate".

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @DrRPNishank

Singhvi: The pandemic is a global problem. It is an extraordinary situation: It is

State neutral,
Class neutral,
Political neutral

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812 @DrRPNishank

Singhvi: Travel is my right, property is my right, I have many rights under Article 21 but then why did my Lordships allow for curtailment of these rights.?

It's because of a special situation like the Pandemic

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812

Singhvi: All sectors in the Pandemic were closed.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812

.@DrAMSinghvi (refers to Shayra Bano judgment): There is manifest arbitrariness.

What is manifestly arbitrary... When something is irrational, capricious & disproportional.

The UGC guidelines violate A.14 under the aspect of manifest arbitrariness.

#StudentsInSCForJustice

Singhvi: The UGC guidelines now is a 'one size fits all' method and does not consider the issues of transport and accessibility.

#StudentsInSCForJustice #SurpemeCourt @DrAMSinghvi @anubha1812 @advocate_alakh

Singhvi: UGC does not deal with exams during such an extraordinary situation

The affidavit does not refer to Maharashtra reply

And UGC does not address whether provisions of DM Act will override everything else

#StudentsInSCForJustice #SurpemeCourt @DrAMSinghvi @anubha1812

Singhvi: Nobody is against the exams in regular times. We are against the exams in pandemic time.

#StudentsInSCForJustice #SurpemeCourt @DrAMSinghvi @anubha1812

Dr. AM Singhvi concludes.

Senior Counsel Shyam Divan begins making his submissions now.

#StudentsInSCForJustice #SupremeCourt @DrAMSinghvi @anubha1812

Shyam Divan begins by making a strong argument for the right to life which is "at the highest level".

#StudentsInSCForJustice #SupremeCourt @anubha1812

Divan says that all classes of people are a homogenous class.

"Students are a homogenous class, invigilators are a homogenous class, people living with students are a homogeneous class".

#StudentsInSCForJustice #SupremeCourt @anubha1812

Divan refers to the circulars issued by the MHA under the DM Act.

"These guidelines lay down a minimum standard of strictness to be adhered to by States and UTs.

They may not dilute it"

#StudentsInSCForJustice #SupremeCourt @anubha1812
#studentsAgainstUGCGuidelines

Shyam Divan: States and UTs can make these stricter (Disaster Management guidelines) but not water them down.

(Shyam Divan is representing Yuva Sena)
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#studentsAgainstUGCGuidelines @AUThackeray @ShivSena @ShivsenaComms

Divan says that the UGC guidelines state that they are advisory in nature.

Universities are free to chart out their own plan accordingly.

#StudentsInSCForJustice #SupremeCourt @anubha1812
#studentsAgainstUGCGuidelines @AUThackeray @ShivSena @ShivsenaComms

Divan: When the guidelines are advisory, then they should be tailor-made based on local needs.

Justice Shah asks: the mode of conducting the exams is advisory but holding the exams itself is not advisory?

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @AUThackeray

Divan: The call eventually to be made is at the local level by Universities based on local conditions.

#StudentsInSCForJustice @anubha1812
#studentsAgainstUGCGuidelines @AUThackeray @ShivsenaComms

Divan too, like Singhvi, says:

the previous guidelines had an element of "flexibility" and "sensitivity".

#StudentsInSCForJustice @anubha1812
#studentsAgainstUGCGuidelines @AUThackeray @ShivsenaComms @DrAMSinghvi

Divan tries to highlight the perspective of students, says that many students have secured admission elsewhere and secured jobs etc

#StudentsInSCForJustice @anubha1812
#studentsAgainstUGCGuidelines @AUThackeray @ShivsenaComms @DrAMSinghvi

Divan now refers to reports which show that in many States certain hostels and other facilities (that will now be used) have been used temporarily as quarantine centres.

#StudentsInSCForJustice
@anubha1812
#studentsAgainstUGCGuidelines

Divan: The same sensitivity which was shown in the previous guidelines of the UGC was carried forward by the State.

There is an element of autonomy that was given to the States.

#StudentsInSCForJustice
@anubha1812
#studentsAgainstUGCGuidelines

Divan: In MHA guidelines for Unlock 2, educational institutions were required to be closed till July 31.

This was a Central Government notification. The notification stated that States and UTs may not dilute this.

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines

Divan: By UGC imposing this date of 30th September, it is extremely unusual because there is no mention about health concerns or improvement of the situation (relating to COVID 19)

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @anubha1812

Divan: In normal times, they can do that and lay down a date but here there is non-application of mind or consideration of the pandemic situation

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @anubha1812 #Covid_19

Divan now refers to Unlock 3 notification which also prescribes for educational institutions to remain closed till August 31.

It further delegates power to States to take liberty to impose further restrictions if required

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines

Divan reiterates that the MHA notification states:

"States and UTs may not dilute these guidelines"

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @anubha1812 @advocate_alakh @HMOIndia

Divan referring to the provisions of the Disaster Management Act.

Section 6 is for the Prevention of Disaster and for mitigation.

This is for prevention of spread and therefore, some measures must be taken.

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @anubha1812

Divan: Power of the authorities is not disputed but once the DM Act is invoked in a disaster condition and the right to life has been elevated, then the authorities cannot come in and exert power to dilute the provisions.

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines

Covid figures from April: when exams could not be permitted to be held when the confirmed cases in India were in thousands, then how can they be allowed to be held now with cases being in lakhs and intensity increasing.

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines

Divan: The students are a homogenous group and this group cannot be severed artificially by treating first-year students differently from final year students

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines

Divan raises the issue of transport and accessibility to say that the issue is has practical constraints

Bench says that these issues have been raised and addressed by @DrAMSinghvi before.

#StudentsInSCForJustice
#studentsAgainstUGCGuidelines @anubha1812

Divan also highlights the anxiety that the students are facing die to uncertainty around exams.

Divan concludes his arguments.

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#studentsAgainstUGCGuidelines @anubha1812

Supreme Court will now continue hearing the matter on Tuesday, August 18.

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#studentsAgainstUGCGuidelines @anubha1812