Thread by @karthik_thinks

This thread is about the Arrear exam case that has been filed in the high court.

Advocate Mr. Ramkumar has filed a case in Madras High court, with prayer to quash the Tamilnadu G.O, which cancelled the arrear exams of students - who have paid exam fees. /1

In his plea he claims that TN govt has violated the guidelines of #UGC & #AICTE and also opposes TN govt`s decision on the grounds that it would deteriorate the standard of higher education in the state . The case is not listed for hearing on Monday. /2

In the final year students case against UGC in Supreme Court, even before hearing began I said that the plea of Maharashtra govt is the only valid prayer, as it has invoked Disaster Management Act. Hon`ble judges also raised this crux question whether DMA could override UGC?. /3

Court can not intervene in the policy decision of the Tamilnadu government. But Higher Education is in the concurrent list, which means both Central govt & State have authority. In this scenario the decision of TN govt was taken with out consulting central authority i.e #UGC. /4

Beside that there is some fundamental flaw in the G.O passed by TN government. In the very beginning of the G.O govt has used the phrase "As per the demand of Students....." which is against the observation of Supreme Court in the case against UGC guidelines./5

Supreme Court in the hearing of final year exam case, clearly said that students CAN NOT demand for cancellation of exams as they may not be in a position to think about their future. Ironically TN govt has used this phrase which is against the observation of apex court. /6

The context in which UGC guidelines was framed is important. Kuhad committee was formed to provide relief to students whose classes were affected. UGC, has clearly mentioned that guidelines is an one time relief which must be carried out for current academic session! /7

Quote [ UGC ]:
"This provision for intermediate semester examinations is only for the current academic session (2019-20) in view of COVID-19 pandemic, while maintaining safety and health of all the stakeholders and sanctity and quality of examinations." /8

Two recent judgements of Supreme Court is very important :
1. Government can not cancel the exam, it can only postpone the exam if they invoke #DMA
2. Universities have the right to conduct exams based on the SOP issued by UGC. /9

TN government order also raises an important issue about the criteria they have fixed for passing the arrear exams.
1. Who ever paid fees are eligible for all pass - This raises the question "What about the students who have not paid the fees" ? Why are they excluded? /10

2. The mode of mark calculation they have proposed to use is 70 -30 rule which is not only arbitrary but also PERFUNCTORY. Moreover UGC Act (1956) - makes it the apex body for regulating higher education in the country. In a normal situation, the power of UGC is undeniable. /11

But in a pandemic crisis like this, whether the same power can be executed?

Yes, Supreme Court in the recent judgement has clearly recognized that UGC has the authority over academics. State govt can defer the exam schedule but can not overlook the power of #UGC. /12

Though this is my opinion, we have to wait for the arguments of the concerned stake holders in the high court. Mostly the arguments will be quintessentially based on the points I have discussed. Considering all these High Court may strike down the decision of TN govt. /13

We will have to wait for the observation of Hon`ble High Court during the hearing process. TN government took a dumb decision & have put the millions of students under stress. Knowing that the G.O will be struck down by court they have created exasperation among students. /14

Instead if CM Mr. @CMOTamilNadu is really interested in the lives of students, he should order home based exam for final year, arrear / passed out students. Students can safely write exam from home without risking their lives. Whether the govt would heed ? #மாணவர்நலனில்_அமமுக /n