Karnataka High Court Directs Universities To Implement Online Digital Evaluation System From 2021-22 Academic Year

A division bench of Justice B V Nagarathna and Justice J.M.KHAZI said "We direct state and its department to mandate the state universities to implement government order dated 15/06/2019, in its true letter and spirit from academic year 2021-22 onwards, so that online digital evaluation system, which has been evolved by the state is implemented and put into practise, so that its benefits could be brought out in the interest of student community and interest of academics and higher education in general."

The bench gave the direction while disposing of the petition filed by one MADHUKESHWAR, a practising advocate at Dharwad and part time lecturer at colleges.

Advocate Nanda Kishore appearing for the petition submitted that various universities have been outsourcing the activities using different names. All activities of examination are outsourced to private contractors thus the system suffers from infirmities and defects. Resulting in delay and affecting conduct of transparency.

He contended that the Chief Minister in his budget speech dated 8/02/2019 had emphasised on online teaching and exam system. In the meanwhile, Visvesvaraya Technological University (VTU) took the lead and developed its own system, which is being implemented in the last four to five years.

The Government of Karnataka, recognising the same and taking note of the Budget speech of the Chief Minister, passed an order dated 15/06/2019, mandating all universities in the state to use ODES developed by VTU from the academic year 2019 onwards. However, except Bangalore University no other universities have implemented the said government order.

Kishore further submitted that implementation of government order dated 15/06/2019, is not only cost saving but also time saving, emphasises on transparency and which would prevent leaking of question papers, tampering with answering scripts and generally ensuring greater transparency in examination process, including issuance of marks card.

He claimed that "Presently there is a racket of fake or fake marks cards issued to students with vested interest in the system and as a result the genuine students are suffering. Basis of the fake or tampered marks card students who have not done well in their examination are able secure employment and scholarship etc. Transparency in conduct of exams and award of marks and degrees by universities is diluted. There is no purity maintained in the conduct of exams and declaration of results by the university."

He added "Therefore it not only affects the student community but also in the long run state and public in general, as it will ultimately have bearing on recruitment by state or private entities. Resulting in person's getting employed on the basis of fake marks cards."

The government advocate submitted that the government order could not be implemented despite issuance of circular dated 7/11/2020 on account of covid-19 pandemic. As a result of which the state and authorities are focussed on the health crisis in the state. Universities also did not conduct exams in the usual manner in the last and current academic year. Moreover, there is no intention on part of the state to delay implementation of its order. The government order has been made for ensuring transparency and purity in the academic process of university including conduct of examinations and declaration of results. That on account of genuine reasons there has been delay in implementation of order.

Following which the court issued the directions.