[STUDENTS VS UGC] SC Adjourns The Hearing To August 18 [Read The Courtroom Exchange]
Singhvi: Your Lordships are alive to the ground reality. Now there are two counters which have been filed. One by UGC and one by Mr. Mehta’s client. MHA and UGC both filed on 13th Aug.
Singhvi; The Guidelines are a “one-size fits all” method which doesn’t take into account the accessibility, transport etc of students.
Singhvi: What is manifestly arbitrary ? When something is irrational, capricious and disproportional. The UGC guidelines would violate Art. 14 under the aspect of manifest arbitrariness.
Singhvi urges the Court to read Shayara Bano case: An unconstitutional infirmity is found in Article 14 itself when legislation is manifestly arbitrary.
Singhvi: Restrictions have to be allowed here because pandemic is a special situation !
Singhvi: Sector-specific acts should not be special qua an Act for pandemic.
Singhvi: There is manifest arbitrariness. Which has problems with respect to proportionality.
Singhvi refers to Shayara Bano case which explains what is manifestly arbitrary.
Singhvi explains to the Bench why he has chosen the Kerala judgements.
The answer for education by UGC is a fallacious answer.
Singhvi: It would be outlandish to suggest that the UGC Act can say that exams are the only education. I have so many rights under Article 21, property under 300A. But, why does Court allow restrictions ?
Singhvi refers to 3 judgements: 2019 case of NCT Delhi, Biju Ramesh v. State of Kerala, and Mohd. Harris (2020 case). He now reads out one of the cases.
Singhvi: Even a first-year will be able to say that this is not federal. This special situation is extra-ordinary. The pandemic is state-neutral, political colour-neutral, people-neutral.
Singhvi: There are two positions of law here. First is non-obstante. I am not reading out the Preamble, but the Preamble is important.
Singhvi requests the Bench to underline it.
Singhvi refers to earlier UGC Guidelines which states that the number of cases were rising. He attempts to convey that the UGC had been attentive to the needs of the students before.