Observing that "the Court would not intend to go beyond the opinion of the experts," The Karnataka High Court has allowed the Visvesaraya Technological University (VTU) to hold the Special Chance examinations, for the Eight Semester students via offline mode. Justice Sunil Dutt Yadav had by its order dated August 13 directed the university to reconsider the feasibility of holding...
Observing that "the Court would not intend to go beyond the opinion of the experts," The Karnataka High Court has allowed the Visvesaraya Technological University (VTU) to hold the Special Chance examinations, for the Eight Semester students via offline mode.
Justice Sunil Dutt Yadav had by its order dated August 13 directed the university to reconsider the feasibility of holding online examination as an option in addition to offline examination for the students while attempting the examination at least in the special chance.
In its response the University filed a detailed affidavit stating that it would not be technically feasible to hold online exams. Advocate Santosh S Nagarale submitted that "Having regard to the vastness of the examination we are not in position to evolve the technology, it is not possible as of now. In future if technology is available, we will do it."
Further he relied on the Supreme Court order in the case of RAKESH KUMAR AGARWALLA & ANR. Vs NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU & ORs and contended that "Home based online test will pose difficulties of transparency and fairness in exams. As of today we do not have technology permitted to hold online exams till we evolve fool proof technology to avoid any malpractices it will not be possible to hold examinations online. Moreover, it is the last semester exams, where integrity also has to be given importance. Unless we have technology which is not available as on today we will not be able to check on the possible malpractices." It was also added that in the exams held in August almost 99 percent students appeared for the offline exams.
Advocate Bhargava D Bhat countered the submissions by saying that the consultation would have been broadbased. The University has not stepped up to the challenge and online mode is not taken into account in a serious manner. Further he urged the court to direct the University to allow students who have failed in the exams held earlier to appear in the special chance examinations as exams were held via offline mode were under circumstance where the students were under apprehensions due to Covid-19 pandemic and faced difficulties.
The court said "On perusing the affidavit of the University. It can be said that university has applied its mind to directions passed by this court in its order dated August 13. Expert committee report is placed and also the reported opinion of the University after considering the expert committee report, shows due application of mind." The bench also said as regards measures to be taken to hold examinations online in the future the University may deal with the same in an appropriate manner.
The court took into account the Standard Operating Procedure formulated by the University for holding the offline exams and also the additional safety measures taken by it to assist the students and provide a safe environment.
It said "All measures have been taken and the state government has also been of assistance to the University by cooperating for enabling smooth conduct of exams. Same measures taken for previous exams held during August-September will be taken and wherever additional measures are to be taken, all such measures will be taken for providing a safe environment to the students."
The court has directed the University to publish the calendar and time schedule of the exams to be conducted in the last week of October and first week of November within ten days, from today. As regards allowing the failed students to take the special chance exams, the court has granted liberty to the University to reconsider its decision.
The bench concluded by saying that "We find that no further directions are required to be passed." Accordingly it disposed of the petition. The Court passed the order in a petition filed by students of Bangalore Institute of Technology, seeking the online option for exams in addition to offline method.