Strictly Follow Covid Protocol : Kerala High Court Permits KTU To Conduct Offline Exams
The Kerala High Court on Monday permitted the Abdul Kalam Technological University (KTU) to proceed with offline examinations for its 6th semester students provided that they strictly adhered to the necessary Covid protocol for the same.Justice Anu Sivaraman disagreed with the petitioners and noted that the University did not violate the UGC Guidelines by proposing to conduct offline...
The Kerala High Court on Monday permitted the Abdul Kalam Technological University (KTU) to proceed with offline examinations for its 6th semester students provided that they strictly adhered to the necessary Covid protocol for the same.
Justice Anu Sivaraman disagreed with the petitioners and noted that the University did not violate the UGC Guidelines by proposing to conduct offline examinations for the reason that they were not binding on them.
This development occurred during the hearing of a petition filed by a group of 28 sixth semester students in various Engineering Colleges under KTU seeking a cancellation of the online examinations scheduled by the University amid the pandemic for the reason that it violated the UGC Guidelines issued in 2021.
The Single Bench, however, noted that the said guidelines with regard to the conduct of intermediate semester assessments are specifically made subject to the directives issued by the Apex statutory bodies/councils concerned, and dismissed the petition.
- Contentions Raised:
The UGC had issued certain guidelines in July 2021 providing that intermediate semester assessment shall be based on internal evaluation and previous semester as suggested in 2020 guidelines.
Advocate Varghese P Chacko representing the petitioners in the matter argued that the insistence on offline examinations by the University when the UGC has clearly mandated that assessment shall be made only by internal evaluation and the previous semester was illegal.
It was also submitted that in view of the raging Covid 19 pandemic, the petitioners' lives will be put at peril if they are forced to attend offline examinations. Reliance was also placed on Praneeth K. vs UGC and Ors [2020 SCC online 688] where it was held that the 'UGC guidelines have statutory force'.
Advocate Elvin Peter represented the University in the matter and argued that the document of guidelines produced by the petitioners was a truncated version of the guidelines issued by the UGC.
According to the respondents, the guidelines were specifically subject to the directives issued by the specific Apex statutory bodies such as the AICTE, NCTE, and BCI.
Additionally, it was submitted that the UGC guidelines have no binding force on the University since it is a technological University and the AICTE had not issued any guidelines whatsoever in the matter. The Government Pleader agreed with this argument.
Furthermore, they argued that these guidelines specifically state that assessments should be as suggested in the 2020 guidelines. The 2020 guidelines provided that for intermediate Semester students, the Universities may conduct examinations after making a comprehensive assessment of their level of preparedness, residential status of students, the status of Covid 19 pandemic spread in different regions, and other factors.
The University has been conducting offline examinations and following the Covid protocol so far and no incidents of spread of the virus due to such examinations had been reported from any quarter, they contended. Moreover, they added that the State had considered the issue of conduct of examinations and by a Government Order issued on 4th August 2021
On a different note, the respondents also submitted that the University does not have the functional capability to conduct the entire exams through online mode, and any direction in that regard would result in the indefinite postponement of the intermediate semester exams.
- Findings of the Court:
Upon a reading of the UGC Guidelines, the Court noticed that the guidelines regarding the conduct of intermediate semester assessments are specifically made subject to the advisories/directives issued by the Apex statutory bodies/councils concerned
In fact, the Bench found that the guidelines specifically say that the assessment of intermediate semester students should be as suggested in the 2020 guidelines. The 2020 guidelines provide for conducting terminal semester examinations keeping in mind the protocols of social distancing. A reading of the 2020 guidelines also made it clear that the mode of assessment of intermediate semester/year students has been left to the discretion of the University.
Moreover, the petitioners are only 28 in number. Considering the fact that a large number of students who are taking the examinations are not parties to the petition, Single Bench opined that it is for the University to take an appropriate decision with regard to the conduct of examinations in the colleges affiliated to it, after considering all relevant aspects and after taking all due precautions.
However, while declaring so, the Court also observed as such:
"It is made clear that the examinations shall be conducted strictly following the Covid protocol and the case of students who are unable to attend the examinations due to Covid related reasons shall be considered appropriately by the University."
A plea seeking the cancellation of offline examinations was recently filed by a few first and third semester students from the same university. Although the petition was allowed initially by a Single Judge, the decision was later stayed by a Division Bench.
Case Title: Hariharan & Ors. v. The Vice-Chancellor & Ors.