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

AG of Odisha highlights that it would be a Herculean task for the hostels to accommodate students, colleges have been closed since March and house owners will not be willing to accommodate students. 

AG of Odisha refers to the Affidavit of the State of Odisha to put forth the method devised to hold the examination. 

AG of Odisha: Under the prevailing situation of COVID-19, it is not possible to hold a conventional examination. With this background, it is our submission that the exam is a culmination of 6 sems. 

The Bench notes that they will hear State of Odisha before.

The AG of Odisha submits that his arguments are along the lines of Datar’s. 

Datar: One is a delegated legislation and one is a State legislation. It states that a State has complete autonomy. A statutory provision will overrule the Guidelines. There is no repugnancy. 

Datar concludes his submissions by placing on record the Maharashtra Examination Act to put forth the legal proposition. 

The Bench tells Datar that they have noted all these submissions.

Justice Shah (in a lighter vein): Allow other Counsels to give the exam too !

Justice Bhushan asks Datar if there’s anything more.

Datar highlights some paragraphs regarding the practical difficulties with respect to conduct of exams. 

Datar: I have asked everyone in Maharashtra. No one was consulted. No one tried to find out what the situation was in Maharashtra. Section 12 was not complied with. 

Datar submits that first committee was chaired by Prof. RC Kuhad. The second committee was also under him.

He states that other universities and other bodies were not consulted.