[UGC VS STUDENTS] SC Hearing On Petitions Seeking Cancellation Of Final Year Exams [Courtroom Exchange]

Update: 2020-08-18 05:24 GMT
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2020-08-18 08:32 GMT

Supreme Court now closes the hearing.

All Counsels have been directed to submit a note on their submissions within three days. 

2020-08-18 08:30 GMT

SG finally notes that the Universities can seek for the deadline to be pushed, however, they cannot take the decision to confer degrees without holding exams. 

2020-08-18 08:29 GMT

SG makes a final submission that the entire country is working.

“The students are 21-22 year olds. Can you really believe that they will not be going out ?”

2020-08-18 08:28 GMT

Bench asks SG Mehta that if there is a certain situation in a State, can the UGC override the State and mandate for the exams to still be held ? How can that happen ?

2020-08-18 08:27 GMT

Bench: This much is clear. The only question that needs to be answered is whether a University’s decision can override the Guidelines.

 SG: Under this Act, the Central Government does have the supremacy to decide. 

2020-08-18 08:25 GMT

SG: I am now directly coming to the arguments based on the Disaster Management Act.

SG: I don’t wish to travel in the area of whether Centre is supreme or State is Supreme. The Act is designed in a way that a disaster can be a local disaster or a disaster can be pan-India.

 SG: For instance, disaster in Gujarat is a local disaster, which is area-based. Now come to the definition of the term “Central Government”. And “disaster” means a catastrophe, mishap. calamity etc. 

2020-08-18 08:21 GMT

SG now refers to a 2013 judgment of “Maha Vaishno Devi Mahila Vishwavidyalaya v. State of UP”. 

2020-08-18 08:21 GMT

SG: The limited point that I am making is that the Guidelines have a statutory mandatory force.

SG now refers to a 2005 judgment. 

2020-08-18 08:20 GMT

SG: Regulation 6(1) of 2003 Regulations is regarding the minimum standard for giving the first degree. Plus, the University must adhere to it. There is a statutory mandate here. 

2020-08-18 08:17 GMT

SG: UGC Act derives its power from Entry 66 of List 1 in Schedule 7. I want to draw your attention to Section 12 which provides functions of University. 

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