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

Datar: The situation in Maharashtra with regard to #COVID19 is terrible.

Justice Bhushan: There is no dispute that Maharashtra is the worst.

 Datar refers to a judgment with the citation AIR 61 SC 552.

He submits that Article 14 is violated if you treat the unequal equally. 

Datar: It is outside the scope of the powers of UGC. It is ultra vires of UGC to mandate the exams to be held by Sept 30.

 Datar: The July 6 Guidelines is liable to be struck down.

Datar: They cannot say that you have to hold the exams by Sept 30 at any cost. Their powers are confined to List 1 and Constitution Bench says that it is limited. 

Datar: My second submission is that direction of UGC to all Universities to hold it at any cost by Sept 30 is completely violative of its powers. 

Datar: My first submission is that there is nothing arbitrary in a University taking a decision against UGC. If IIT can do that, others can too. 

Datar: You are under the impression that not conducting the exam will lead to the dilution of standards.

Justice Bhushan: That we have understood your argument. 

Justice Bhushan: If there is a contrary direction of UGC, the University cannot act against it. If a University dilutes it, then every University will act in this manner. If a standard is fixed, it’s fixed. 

Datar: Please note that job interviews also take place in the last semester. Here is a student who has completed 87.5% of the course !

Datar: Kindly appreciate, I’m not saying that a 2nd year student should be passed. I’m saying that this is a student who has almost finished the course. 

Justice Bhushan: We have gone through the Regulations. If there’s anything you want to point out, point out.

Justice Shah asks Datar to read 8.1 Regulation.

 Justice Shah: According to you, only five semesters will be considered, and six will not be conducted at all ?