Coram- Ashok Bhushan, M R Shah, Subash Reddy JJ.
- Issues-
- . Whether the revised guidelines dated 06.07.2020 requiring the Universities to complete terminal semester/final year examination by 30.09.2020 is beyond the domain of the UGC and does not relate to “coordination and determination of standards in institution of higher education”?
- Whether the revised guidelines dated 06.07.2020 issued by the UGC are non statutory, advisory only and contrary to earlier guidelines dated 29.04.2020? 3. Whether the UGC guidelines dated 06.07.2020 are violative of Article 14 of the Constitution of India?
- Whether the UGC guidelines dated 06.07.2020 are violative of Article 21 of the Constitution of India and the guidelines have been issued disregarding the pandemic COVID19?
- Whether the guidelines of the UGC dated 06.07.2020 are liable to be set aside on the ground of noncompliance of Section 12 of UGC Act, 1956?
- Whether the State and State’s Disaster Management Authority in exercise of jurisdiction under Disaster Management Act, 2005 can take a decision not to hold examination by 30.09.2020 disregarding the direction in the UGC guidelines dated 06.07.2020?
- Whether the State or State Disaster Management Authority, in exercise of jurisdiction under Act, 2005, can take a decision to award degrees to final year/final semester students by promoting them on the basis of criteria of assessment formulated by the State/Universities on the result of previous semesters/exams and internal assessment of final year/terminal semester in disregard to the guidelines dated 06.07.2020 which require holding of examination of final year/terminal semester by 30.09.2020?
- Judgment-
- Issues-I
- A Three Judge Bench of this Court had occasion to consider all legislative entries pertaining to education including University education in Professor Yashpal and Anr. Vs. State of Chhattisgarh and Ors., (2005) 5 SCC 420. It said, UGC will also have the power to recommend to any University the measures necessary for the reform and improvement of University education and to advise the University concerned upon the action to be taken for the purpose of implementing such recommendation. The Commission will act as an expert body to advise the Central Government on problems connected with the co ordination of facilities and maintenance of standards in Universities
- In the present case, the Guidelines dated 06.07.2020 provided that Universities are required to complete the examination by the end of September, 2020 in offline (pen and paper)/online / blended (offline and online mode) all terminal semester/final year examinations 2020. The Guidelines dated 06.07.2020 intended that it is only after holding of terminal semester/final year examination, Universities may proceed to grant degrees. The challenge to Guidelines is on the ground that Guidelines are beyond the domain of UGC and does not relate to “coordination and determination of standards in institution of higher education”. Court has held in Professor Yashpal case that the standards of education in an institution depends on various factors, one of which includes “the standard of examinations held including the manner in which the papers are set and examined”.
- In Modern Dental College and Research Centre and Ors. Vs. State of Madhya Pradesh and Ors., (2016) 7 SCC 353, the court held that The enactment in question does not run foul of any of the existing Central laws. As far as the introduction of a CET at a national level is concerned, the same was not enforced during the period of operation of the State statute. In any event, there being no Regulations regarding fixation or determination of fees of these institutions to ensure that the same does not allow commercialisation or profiteering, the State Legislature was well competent to enact provisions regarding the same. In the judgment it was held, UGC interference is limited “however, that would not include conducting of examination, etc. and admission of students to such institutions or prescribing the fee in these institutions of higher education, etc.”
- In the present case UGC has not demanded for conducting examination. The examinations are to be conducted by the respective Universities only. Hence, Guidelines dated 06.07.2020 are not beyond the domain of the UGC and they relate to coordination and determination of standards in institutions of higher education.
- Issues-I
- Issue -2
- Guidelines have been issued by the UGC in exercise of power under Section 12. Section 12 of the Act provides that it shall be the general duty of the Commission to take all such steps as it may think fit for the promotion and coordination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities. The words “all such steps” are of wide import. The steps referred to in Section 12 may include issuance of guidelines, directions, circulars etc. The Guidelines dated 06.07.2020 has to be treated to have been issued in exercise of statutory powers vested in the Commission under Section 12. Guidelines issued in exercise of statutory powers, thus, cannot be said to be nonstatutory.
- The UGC(Minimum Standards of Instruction for the Grant of the Master’s Degree through Formal Education)Regulations, 2003 categorically requires Universities to adopt the Guidelines issued by the UGC, hence, it is the statutory duty of the Universities to adopt the guidelines issued by the UGC. It is the statutory obligation of the Universities to adopt the Guidelines and the Guidelines cannot be ignored by terming it as nonstatutory or advisory.
- Issue-3
- The earlier guidelines provided that the examination may be conducted, however, an option was given with regard to intermediate/year students for their promotion on the basis of internal assessment and performance in the previous semesters. Holding of examination for the Final year students was made necessary by the impugned guidelines. The Final year/terminal semesters examinations are important because the learning process is a dynamic interaction where the only way to figure out what students know is to seek evidence of their knowledge and to evaluate it. Performance in examination especially Final year/terminal semester examination are reflection of competence of the students. Terminal semester/Final year examination also provides an opportunity to the students to improve upon their overall score/marks which are very crucial for academic excellence and opportunities of employment. Final year/terminal semester examination of underGraduate or postGraduate is an opportunity for student to show his optimum calibre which pave his future career both in academics and employment. COurt does not find any unreasonableness or arbitrariness in the revised guidelines of University Grants Commission dated 06.07.2020 which require all Universities/ Collages to conduct at least the final year/terminal semester examination.
- The differentiation made by revised guidelines to hold Final year/ Terminal semester examination has a rational basis and there is an intelligible differentia between the student of Final year/Terminal semester and other students. Court thus rejects the challenge on the ground that there is any hostile discrimination between the students of Final year/Terminal semester and other students.
- Issue -4
- The University Grants Commission is conscious of increasing number of covid cases throughout the country and as observed above, the revised guidelines have extended the period for completion of the examination.
- Ministry of Human Resource Development (MHRD), has issued detailed guidelines for conduct of examination which guidelines were duly vetted by Ministry of Health and Family Welfare(MoHFW).
- The Standard operating procedure for conduct of examination makes it abundantly clear that UGC, MHRD, and Ministry of Health and Family Welfare are fully concerned with the health of all stakeholders i.e. the students as well as exam functionaries.
- Hence, court opines it is not violative of art. 21
- Issue -5
- The revised guidelines dated 06.07.2020 have been challenged on the ground that it has been issued in the breach of Section 12(1) of the UGC Act, 1956.Section 12(1) mandates that the Commission in consultation with the Universities and other bodies concerned shall take all such steps as it may think fit.
- It is submitted that before issuance of the revised guidelines dated 06.07.2020, the UGC was required to consult all the Universities and other bodies concerned. The submission is that the expression ‘other bodies concerned’ used in Section shall include State Disaster Management Authority which has been constituted in each state
- and before issuance of guidelines dated 06.07.2020, it was obligatory for the UGC to consult the State Disaster Management Authority.
- But, this submission is misconstrued becasue, the use of the word ‘Universities or other bodies concerned’ in the opening part of the Section has been with a purpose of referring the universities or other bodies for whom UGC does its functions. State Disaster management authority is not included in it.
- Issue -6
- With regard to conduct of examinations, the State authorities are competent to assess the situation in a particular State regarding possibility of holding of examinations. No State shall permit health of its subject to be compromised that is why overriding power has been given to the State Disaster Management Authority and the State Government with regard to any inconsistency with any other law for the time being in force.
- Hence, direction of the University Grants Commission in its revised guidelines dated 06.07.2020 insofar it directs the Universities and colleges to complete the final year/terminal examinations by 30.09.2020 shall be overridden by any contrary decision taken by a State Disaster Management Authority or the State Government exercising power under the Disaster Management Act, 2005.
- Issue -7
- State Disaster Management Authority and the State Government has no jurisdiction to take a decision that the students of final year/terminal examination should be promoted on the basis of earlier years assessment and internal assessment whereas the UGC guidelines dated 06.07.2020 directed specifically to conduct final year/terminal semester examination. The UGC guidelines dated 06.07.2020 in the above respect shall override the decision of the State Government and the State Disaster Management Authority regarding promoting the students, does not fall within the jurisdiction of the Disaster Management Act, 2005 and shall have no protection of Section 72 of the Disaster Management Act, 2005.