Karnataka HC Dismisses Plea Against Online Exams Proposed By University Of Agricultural Sciences [Read Order]

A division bench of Justice B V Nagarathna and Justice Ravi V Hosmani refused to entertain a PIL filed by the University students--Sadanand and others - against the online exam.

The bench said "We find that the departure from the usual mode and method of conducting examination for this semester cannot be faulted with or held to be unreasonable or against the interest of the students or the other stakeholders. The examinations are being conducted in September-2020, so that students would commence the new Academic year with effect from October-2020."

By way of interim relief the petitioners had sought that online examinations, scheduled to be conducted between September 2, to September 18, be stayed.

Senior Advocate Prof. Ravivarma Kumar and advocate Sharada Bai for the petitioners had argued "The entire mode and method of examination has been changed from what is found in the Regulations. No doubt, COVID-19 pandemic is a factor which has to be taken into account while conducting the examination. But, the same would not be a reason to change the entire format of examination."

It was also submitted that "Online examination would be a hindrance to the students as many students hail from remote and rural areas. They may not have the technological acquaintance to appear in online examinations. Further, the supply of electricity in the rural areas is very uncertain. If there is non-supply of electricity, that particular student would not be enabled to appear in an online examination."

The University, opposed the plea by saying Indian Council of Agricultural Research (ICAR) which is an Apex body concerning, inter-alia, in the field of Agricultural Sciences has permitted conducting online and offline examination owing to the COVID-19 pandemic.

Further, it was said that safeguards have been provided for students who fail to appear in the examinations or who have missed attending the examinations owing to medical reasons. Also an opportunity is given to such students to make up, if their performance in the examination is not good. Such students can reappear in the examinations, when they have not scored well.

As a one-time measure, the University may permit the students to be promoted to the next semester, even if they have not scored well on account of and owing to the reason of COVID-19 pandemic. He submitted that this arrangement is made only for the intermediate semester examination and not for final examination.

The University also apprised the court about the fact that BBMP and State Government have requisitioned hostel rooms of the University for the purpose of converting them as a quarantine center for COVID-19 patients and for those persons who have been tested positive. Thus, there are no rooms available in the hostel for the students.

Students of the University who hail from various parts of the State cannot be asked to appear personally for the examination from 02nd September 2020 to 18th September 2020, as no hostel accommodation is provided to them and if they reside in various parts of the city during the period of examination, they would be exposed to more risk; rather it would be in the interest of the safety of the students that they attend the online examination.

Further, students have already appeared in the online mock examination which was held and more than 90% have appeared and at the instance of these five petitioners, the schedule of the examination should not be interfered.

The bench said "No doubt, till date the University has only conducted offline examinations by physical appearance of the students in the University. At this stage, this Court needs to take judicial notice of the nature of the current pandemic."

It elaborated by saying "COVID-19 is such that it necessitates not only wearing of a mask but also social distancing, use of sanitizers and such other precautions while in congregation. If, on the other hand, a person or a student is by himself or herself, wearing of the mask is not necessitated and so also the requirement of social distancing would not arise. The risk of congregation in the University would arise if the students have to attend examinations physically in the University. Then, greater safeguards would have to be taken and many a times, it is noted that such safeguards cannot be taken or maintained while conducting the examination even by the students themselves. Consequently, all stakeholders would be exposed to the risk of the disease including the Students."

The bench also clarified that "If there are genuine grounds, such as not being able to appear in the examination owing to disruption in electricity supply or any other genuine ground which we may not specify or list out presently, it is for the student to make out a case before the University along with the requisite documents and the University in appropriate cases permit such students to appear in the examination when the same is missed.

Further, such students who have missed the examination should be permitted to attend the classes to be held in the next semester, as the reasons for their missing the exam would be genuine and not on deliberate."

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