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

Supreme Court now closes the hearing.

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

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. 

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 ?”

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 ?

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. 

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. 

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

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

SG now refers to a 2005 judgment. 

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. 

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.