Thread by @barandbench

Supreme Court to continue hearing the petition against conducting Final year exams as mandated by UGC.

#SupremeCourt #StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters @advocate_alakh @DrAMSinghvi

[August 14 hearing] 10 other arguments made during the UGC case before SC

#SupremeCourt #StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters @advocate_alakh @DrAMSinghvi

barandbench.com/news/arguments…

.@pallavibnb traced the rise in cases & deaths ever since the UGC 1 guidelines.

2.65 million reasons: The Indian student community is fighting a solo battle against UGC

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters

Article - bit.ly/2YbdwWo

Supreme Court Bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah to hear.
#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice

UGC Hearing begins!

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice @advocate_alakh @anubha1812

Senior Counsel Arvind Datar begins making his submissions, takes the Court through Counter filed by the UGC

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice @advocate_alakh @anubha1812 @ugc_india

Datar begins reading from UGC counter.

UGC can lay down standards but it has no jurisdiction as regards conduct of exams as per judgment of the Constitution Bench.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice

Supreme Court: The judgment refers to medical colleges

Arvind Datar: I will show the relevance of the judgment

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice

Datar says the controversy in the judgment pertained to the power of the State and Central Government.

Datar: It just dealt with the determination and coordination of standards.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCForJustice

SC: But the UGC is not conducting the examination. Universities are conducting the examinations

Datar: the judgment shows the limited scope of Entry 66 which is laying down the standards for conducting the Exams

#StudentsInSCForJustice #StudentsInSCAgainstUGC

Datar: The most important aspect today is the welfare of the students

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#31StudentsInSCForJustice #ugc_cancel_Exams

Justice Bhushan: Students cannot decide their welfare, Authorities can decide their welfare.

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#31StudentsInSCForJustice #ugc_cancel_Exams

Justice Bhushan: There are 2 parts in play here,

one is UGC laying down the guidelines and standards; and

the other is States declaring that they cannot allow holding of exams

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#31StudentsInSCForJustice #SupremeCourt

Justice Bhushan: The question also here is that declaration of results without holding of exams may not be within the domain of the Disaster Management Act

Justice R Subhash Reddy: Wouldn't it lead to dilution of standards of exams are not held?

#StudentsInSCAgainstUGC

Datar addressing the Court in the question of dilution of standards first, cites the example of IIT

SC: We are not concerned with IIT

Datar: Only saying if a central institute of such repute can do it, then why can't we?

#StudentsInSCForJustice #StudentsInSCAgainstUGC

Datar refers to 2003 UGC guidelines, highlights three things -

Program,
Semester, and
Course

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice @ugc_india

Datar: the guidelines state that the overall performance of the students throughout the year has to be assessed.

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice @ugc_india

Arvind Datar is elaborating on the cumulative grading/ marking system provided for in these guidelines (UGC 2003)

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice

Datar: Our concern is final exams.

By Feb or March 2020, students have the CGPA which is the average of their first five semesters (assuming it's a three-year program having semester system)

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice

SG Tushar Mehta raises a question regarding the assessing system and whether it is uniform throughout the country.

Datar says most universities follow the semester system.

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Datar: At least in Maharashtra and Tamil Nadu they are

Bhushan J: Some universities may not follow the system. I know of some universities in UP where there is no semester system

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Mehta: It provides for semester system throughout the country, but it is not mandatory

Datar: My instructions are that it is applicable throughout the country

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Justice MR Shah points out excerpts from the guidelines which point out there could be

annual,
semester or
trimester system

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Datar: They still have a Cumulative Grade Point Average (CGPA) by the end of their course

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Justice Bhushan circles back to the question of whether the final semester can be skipped?

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Justice Bhushan: We have gone through the regulations, if there is something you want to point out?

Justice Shah: Your point is that first five exams (semester exams) should be considered

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Datar: A person who has cleared all the exams till March 25th, has completed five semesters, has a CGPA, has completed internal assessment..

essentially over 85% of the course is completed

#StudentsInSCForJustice #StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Justice Bhushan: If there is a standard fixed by UGC that without final exam, a degree cannot be given, can universities really decide to cancel the final exam.

Then all the universities will come up with their own method.

#StudentsInSCForJustice #StudentsInSCAgainstUGC

Datar: Today the concern is the correctness of UGC direction for holding of exams.

One is of holding exams and other is of holding them till 30th September

#StudentsInSCAgainstUGC
#StudentsInSCForJustice
#StudentsInSCForJustice #ugc_cancel_exam

Datar: My submission is that UGC can say don't award a degree without holding of an exam but it cannot say that you hold the exam by 30th September at any cost.

#StudentsInSCAgainstUGC
#StudentsInSCForJustice
#StudentsInSCForJustice #ugc_cancel_exam

Datar: What is under challenge is UGC circular of July 6.

My submission is, it should be struck down

#StudentsInSCAgainstUGC
#StudentsInSCForJustice
#StudentsInSCForJustice #ugc_cancel_exam

Datar: COVID has hit different parts of the country differently.

Maharashtra, Tamil Nadu, Delhi are badly affected.

Maharashtra is the worst hit.

#StudentsInSCAgainstUGC
#StudentsInSCForJustice
#StudentsInSCForJustice #ugc_cancel_exam #COVID19India

Datar: UGC guidelines make uniform rule for the whole country without taking the pandemic and practical difficulties into consideration.

This is violative of Article 14 as they are treating unequal situations equally.

#StudentsInSCAgainstUGC
#StudentsInSCForJustice

Justice Bhushan:

If exams were to be held at different times then the argument would have been against that also?

#StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Datar: UGC says, the States can take the situation into account and hold exams but by 30th September.

When we could not hold exams when the cases were at 15,000 how can we hold exams now?

#StudentsInSCAgainstUGC
#StudentsInSCForJustice #ugc_cancel_exam

Datar gives example of practical difficulties

In Pune, which has a lot of students who come from other cities and now have gone back home

How can exams be held?

Most institutes have been converted into testing or quarantine centres

#StudentsInSCAgainstUGC

Datar also touches upon the technical and technological limitations, raises the question pertaining to students with disabilities whose concerns have also not been taken into account.

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar says that any decision which UGC says should be taken in consultation with other bodies and should include authorities under DMA

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar: How the guidelines can be made mandatory now?

"When the UGC back then, said chart your own course, how can they now make it mandatory"

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar refers to recommendations made by the Expert Committee which provided for students to be assessed internally if the Covid situation did not abate

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar: Who they consulted is interesting.

In June 2020, UGC requested the committee head to revisit the UGC guidelines.

The committee consulted VCs of many technical universities.

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar: They said that the committee consulted VCs of technical universities but in Maharashtra no VCs, no minister, nobody was consulted!

@AUThackeray @CMOMaharashtra @OfficeofUT

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Datar: If SC considers the Union vs State issue, state enactments would overrule the guidelines.

Datar concludes.

@AUThackeray @CMOMaharashtra @OfficeofUT

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Advocate General for Odisha makes arguments, says sanctity of exams has been compromised as far as final semester exams is concerned; says his stand is similar to that of Arvind Datar

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Odisha AG refers to the affidavit filed before the SC, highlights

1) technological inaccessibility and disparity among students for online exams; and

2) threat of exposure to the virus in case of physical exams

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines

AG Odisha: It is not practical to implement the guidelines of the UGC. Under the current circumstances, it is impossible for the State to conduct the exam by 30th September

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Senior Advocate Jaideep Gupta representing an Organization of Teachers from West Bengal now makes submissions.

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters #ugc_cancel_exam

Gupta: On June 27, the decision was taken by State-aided universities to allocate 80% marks on a weighted average of previous examinations and 20% on internal assessment

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters

Justice Bhushan: We have said it earlier also, if it is permissible, then all the Universities can evolve their own modalities

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters

Gupta: For those who have to take the final examination, significant portion of their examination and assessment is already complete.

There is no difference between other exams and last examination.

#StudentsInSCAgainstUGC
#studentsAgainstUGCGuidelines #StudentsLivesMatters

Gupta: Most universities are not campus universities. There will be different exam centers and transport is an issue

Cyclone amphan also affected many establishments and facilities leading to infrastructural issues

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट

Gupta: On legal arguments, this order is an executive order and is in violation of Article 14 and is arbitrary and unreasonable

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Gupta: This is against the Wednesbury rule. They have not even taken into consideration the difficulties faced by the State to hold offline exams. This order has to go

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Gupta: They did not hold "effective consultation" as was required.

The did by merely consulting 3 persons.

If they had consulted even 1 person per state, they would have understood the difficulty faced

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha

Advocate General Kishore Datta for West Bengal now making submissions, says

"we are in exceptional circumstances, we have to see whether UGC has taken the decision keeping in view the extraordinary situation"

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha

Datta: There is an interplay between various Articles which also have to be looked into by the Court - 39E, 47, 41, 45, 46

Without looking into the public health aspect, could the UGC have drafted these guidelines?

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha

Datta: I doubt if any health expert from any states have contributed to the decision making to give ground clearance on the feasibility to hold exams

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Datta:

In this pandemic, States like Maharashtra and West Bengal cannot be treated to be the same.

UGC has taken this decision unilaterally

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Datta: UGC proceeded on the premise as if this was 2019, 2018 etc

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Justice Bhushan: UGC guidelines say that all the health-related guidelines have to be followed..you cannot say that they have not considered the public health, the guidelines mention it.

Datta: I bow down to the Court then

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha

Datta concludes.

Senior Counsel KV Vishwanathan representing Delhi Government making submissions now.

@AamAadmiParty @ArvindKejriwal @CMODelhi #StudentsInSCAgainstUGC
#SurakshaBeforePariksha

KVV: We have submitted our affidavit.

Manish Sisodia announced that exams may not be held leaving it open for the universities to hold their exams.

SC observes that 3 universities have conducted their exams also.

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha @msisodia

KVV: There is a divide between the classes of people with rich having access to technology and poor being at a disadvantage

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha @msisodia @AamAadmiParty

KVV: There is a serious handicap when it comes to access.

Not all of the students are able to access books and study material.

Even online has its handicap.

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha सुप्रीम कोर्ट @msisodia @AamAadmiParty

KVV: This is in pith and substance an issue of public health and states have control over it under A. 239AA (for Delhi)

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha सुप्रीम कोर्ट @msisodia @AamAadmiParty

KVV: There is no rational differentiation between pre-final semester and final semester students

Unequals are being treated equally.

It is easier to devise a mechanism for final semester students

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha सुप्रीम कोर्ट @msisodia

KVV questions the RC Kuhad committee report also, says no alternative methods have been explored. KVV urges the Court not to rest with this committee report.

"Please consult someone of repute"

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha सुप्रीम कोर्ट @msisodia

KVV: The most affected people will be the poor and downtrodden, unless you decide to give them all Tablet Computers

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha सुप्रीम कोर्ट @msisodia

KVV: Finally, what happens to those universities who have already followed the April guidelines.

SC: There is no contradiction between April and July guidelines... Earlier guidelines only allowed discretion to decide method.

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha

Senior Advocate Mihir Desai for Teachers Association of Maharashtra sought to make submissions.

SC says it will hear him later.

#StudentsInSCAgainstUGC
#SurakshaBeforePariksha

Senior Advocate Meenakshi Arora for one of the petitioners begins her submissions, says students not given a level playing field

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha #studentsAgainstUGCGuidelines #StudentLivesMatter

Arora: Let the students not be made guinea pigs in this experimentation.

Some students can give exams now, some can't. The leftover students will lose out on opportunities and jobs later on

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha

Advocate Alakh Alok Srivastava makes submissions now

#StudentsInSCAgainstUGC
सुप्रीम कोर्ट #SurakshaBeforePariksha @advocate_alakh @anubha1812 #studentsAgainstUGCGuidelines

Srivastava: As per Section 12, Health Experts should have been consulted by the expert committee

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #SurakshaBeforePariksha @advocate_alakh

Srivastava: S.14 allows UGC to stop giving grants to Universities if they don't follow the UGC guidelines

Srivastava invokes the States duty towards public health of the citizens under the Constitution of India

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @advocate_alakh

Srivastava: the pandemic could not have been foreseen

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @advocate_alakh #COVID19India #COVID19

Srivastava invokes Article 14, says students passed out earlier would be treated at a different footing than students passing out this year.

This would be violative of Article 14.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @advocate_alakh #COVID19India #COVID19

(Audio gets patchy in the media room)

Srivastava concludes his arguments.

Intervenors commence their arguments.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @advocate_alakh #COVID19India #COVID19

Senior Advocate PS Narasimha makes his arguments now.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #StudentsLivesMatter

Narasimha makes a case for final year exams, says for many students who wish to study abroad or pursue further studies, final exams are absolutely necessary

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #StudentsLivesMatter

Narasimha argues that it may be unfair to assess students on first two years' performance.

He argues not everyone studies throughout the course.

Students put in a lot of hope in the final exams.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Narasimha:

Life must go on! The government is cautious, courts are cautious.

We must be resilient. UGC has given Covid guidelines.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Narasimha opposes KVV's argument, says UGC guidelines do not contravene health issue.

Narasimha concludes.

Senior Advocate Vinay Navare makes arguments now

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines @ugc_india

Navare: Cannot say there is no legal soundness in the UGC guidelines

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #ugc_cancel_exam #UgcAgainstStudents

It is okay if students to say that under pandemic situation, students cannot go and give exams.

But students cannot under Article 32 say that we cannot give exams but confer degrees

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #ugc_cancel_exam

Navare: UGC did not exceed its power.

Right now, the deadline to hold exams can be asked to be pushed but cannot be asked not to hold exams at all

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #ugc_cancel_exam

Navare questions Yuva Sena's move to file the petition.

In May, it was Maharashtra Universities that decided to hold exams then yuva sena which is headed by Minister's son files this petition.

This issue cannot be used to earn popularity!

#StudentsInSCAgainstUGC @AUThackeray

Navare:

The only powers conferred upon a State is under S.8.

There is no other provision that gives powers to the State... even Vice Chancellor is given the power, but not the State.

#StudentsInSCAgainstUGC @AUThackeray @OfficeofUT @CMOMaharashtra

Navare: UGC has the power to mandate conduction of exams but the deadline may be left to the universities.

Navare concludes.

#StudentsInSCAgainstUGC @AUThackeray @OfficeofUT @CMOMaharashtra

SG Tushar Mehta for UGC begins to make his submissions. UGC does not have the luxury to confer degrees without holding exams

#StudentsInSCAgainstUGC #StudentsLivesMatters #studentsAgainstUGCGuidelines #SupremeCourt #SupremeCourtofIndia

Tushar Mehta:

I don't wish to make this Centre vs State issue.

Both are Supreme in their own capacity under DM Act

#StudentsInSCAgainstUGC #StudentsLivesMatters #studentsAgainstUGCGuidelines #SupremeCourt #SupremeCourtofIndia #tusharmehta

(Media Room in the Supreme Court has lost the connection)

Live Updates Soon!

#StudentsInSCAgainstUGC #StudentsLivesMatters #studentsAgainstUGCGuidelines #SupremeCourt #SupremeCourtofIndia #tusharmehta

There is no connection for any Courtroom from the Media Room currently.

Live Updates Soon!

#StudentsInSCAgainstUGC #StudentsLivesMatters #studentsAgainstUGCGuidelines #SupremeCourt #SupremeCourtofIndia

Our journalists in the Supreme Court currently :)

Connection resumed.

Tushar Mehta continues his arguments.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #StudentsLivesMatter

Tushar Mehta: On May 6, Maharashtra constituted a committee. Their own high-level committee recommended holding of exams.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @AUThackeray #studentsAgainstUGCGuidelines #StudentsLivesMatter @CMOMaharashtra

Mehta calls the Maharashtra government's change in position a "political somersault" says he will not go into the reasoning behind this.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @AUThackeray #studentsAgainstUGCGuidelines #StudentsLivesMatter @CMOMaharashtra

Mehta: June 29, Unlock 2 guidelines were issued which provided that States may make stricter restrictions but not dilute them

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @AUThackeray #studentsAgainstUGCGuidelines #StudentsLivesMatter @CMOMaharashtra

Mehta: After taking into consideration recommendations made by the RC Kuhad committee there were guidelines which are mandatory.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट @AUThackeray #studentsAgainstUGCGuidelines #StudentsLivesMatter @CMOMaharashtra

Tushar Mehta: Final year is the degree year, exams cannot be done away with

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #StudentsLivesMatter

Mehta taking the Court through the provisions under the guidelines (July 6), points out that the earlier guidelines (April 30) of the UGC were not mandatory

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #StudentsLivesMatter

Mehta reading an office memorandum of the MHA and MHRD

Mehta cites the example of exams being conducted by some Universities in Delhi, adds that many top-level University have opted for online exams

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Mehta: Many universities have conducted exams in
online,
offline and
hybrid mode

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Mehta continues to read from guidelines issued by the government to highlight that the unprecedented situation was taken into account and addressed in SOPs and Dos and Don'ts

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #SupremeCourt

Safety guidelines were communicated to and adopted by MHRD which were communicated to the university through UGC

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #SupremeCourt @DrRPNishank @AmitShah #AmitShah

Mehta: Foreign Universities and further education require degrees and the future prospects of the students was taken into consideration while providing for the degree to be conferred after folding exams

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Solicitor General Tushar Mehta sharing statistics on all the Universities that have conducted exams so far.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines

Mehta: Guidelines are not merely for preaching. They are mandatory. The guidelines that are challenged before the Court have statutory mandate

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #SupremeCourtOfIndia

Mehta: SG: UGC Act derives its power from Entry 66 of List 1 in Schedule 7.

It is S. 12 which provides functions of University.

#StudentsInSCAgainstUGC सुप्रीम कोर्ट #studentsAgainstUGCGuidelines #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Mehta: Regulation 6(1) of 2003 Regulations pertains to the minimum standard for giving the first degree...

The University must adhere to it.

That is the statutory mandate

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Mehta refers to two judgments -

the 2005 judgment in the case of Yashpal Singh and

2013 judgment of Maha Vaishno Devi Mahila Vishwavidyalay vs UP

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Mehta now addresses on DM Act, says he does not want to traverse in the realm of whether Union Government has precedence or State Government.

"Disaster can be local or pan India"

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Justice Bhushan: The only issue which we need answer to is if State Disaster Management Act of Maharashtra has decided not to conduct exams, can that override UGC guidelines?

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Mehta: It cannot override the directions of the UGC which is functioning under a different statute in a different area

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice #31studentsagainstugc

Justice Bhushan: But, we have to harmonize all the provisions.

UGC may say that we cannot award degree without exams but UGC perhaps cannot say that hold exam against the SDMA recommendation

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice

Mehta: States can approach the Centre and request for pushing of the date of exams for whatever specified reasons but the State cannot say that they will confer the degree without exams

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice

Mehta: This deadline was given in the interest of the students, it was not a diktat.

Students have to go for post-graduation or jobs

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice

Mehta: The country is opening up gradually, these students are 20-21 year old students.

Can we really believe they are not going out?

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice

Supreme Court asks all the parties to file their written submissions, if any, within a period of 3 days.

Court clarifies that interventions are not being permitted.

Supreme Court reserves its order.

#StudentsInSCAgainstUGC #SupremeCourtOfIndia #31StudentsInSCForJustice