Law Student Moves HC Against Karnataka Law University's Decision To Hold Exams For Intermediate Semester Students [Read Petition]

The petition has been filed by Purbayan Chakraborty, a 3rd year law student at the said University, stressing that intermediate semester students ought to be promoted under a comprehensive formula prescribed by the UGC, where 50% weightage would be in internal evaluation and 50 % weightage would be in marks scored in previous semester.

The decision is also contended to have a "disparate impact" on those students who could not take part in the online classes due to various reasons such as internet accessibility, affordability, remote locality etc., and will impose an extra burden/ disadvantage on such individuals who are already marginalized.

The plea states that their academic calendar has been severely "compromised" due to the lockdown and they shall require at least 2 to 3 months of time, after reopening of college, to compensate the loss for the online classes and access the library for study materials and prepare for the semester examination. However, if that is done, the plea avers, the next academic year will "collapse".

It is further submitted that it will be manifestly unreasonable to ask the students to appear for a previous semester examination while they are in a different semester; and it is humanly impossible to write examination for a pervious semester while studying 5 or 6 different law subjects for a different semester.

In this backdrop the Petitioner has urged that the 50:50 comprehensive mechanism as recommended by UGC should be implemented.

"The 50:50 weightage mechanism keeps only 50% weightage on assessment from the current semester through a process of internal evaluation which allows the respective university/ college to adopt an individualist approach on case to case basis taking into account special circumstances of each students, rather than setting a uniform standard for everyone which goes against the very idea of equality in a situation of pandemic like this.

This 50:50 comprehensive formula does not deprive anyone the opportunity to write examination," the plea states.

It is stated that the University's decision, which is primarily based on the Bar Council of India Guidelines dated 27.5.2020 and Press Release dated 9.6.2020 is outdated, as there has been an exponential rise in the number of Covid cases in the state.

Reference is also made to an order of the Ministry of Home Affairs which has permitted conduct of only final year examinations by Universities and Institutions.

"Therefore, permitting an offline examination and asking Intermediate semester students who are four times in number, to appear for the exams, would amount to directly exposing them to danger and risk to their health and lives and would amount to a violation of Article 21 which guarantees the right to life and health," the plea states.

It is further contended that the impugned decision places them at a disadvantaged position, when compared to intermediate semester students of courses.

"The yardstick is essentially the 'field of study' and the object of the law, as it can be clearly inferred, is to protect the interest of the students. Therefore, in the present case there is no reasonable nexus between the object of the law and intelligible differentia and it violates the equality rights of the law students of Karnataka State Law University," the plea states.

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