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

Gupta: These Guidelines are an Executive order and still need to be tested under Article 14. The Wednesbury Rules apply. The UGC has just not taken into account the ground realities. 

Gupta: There is also the Cyclone Amphan which has led to many institutions being turned into shelters. Physical exams in this situation is just not possible !

Gupta: These are special circumstances which affect West Bengal. Metro is not working, local trains are not working. Question of holding exams does not arise. Cannot be done !

Gupta: In West Bengal, we don’t have campus centres. There are different centres which need to be booked and would require students to travel and find accommodation across the State. 

Gupta: To insist for an examination for the last semester is not reasonable because there is no difference between the last semester and the second semester or any other semester. 

Gupta: It is not a reasonable proposition because every semester is important and average of semesters is important. They are placing a higher weight on the last semester. 

Gupta: My submission is that the UGC guidelines of 6 July is not a statutory document. Mandating the exams to be held by September 30 is unreasonable. 

Gupta: Just as Mr. Datar pointed out, in both semester and yearly system, an aggregate marks are taken into place.

Bench: There is no issue. If it is permissible, then University is free to evolve its own procedure. 

Sr. Adv. Jaideep Gupta, on behalf of an association of teachers, now makes his submissions with respect to the situation in State of West Bengal. 

AG of Odisha: In the present circumstances, it would be completely impossible for the State to hold the exams as mandated by UGC. Odisha is at its peak !

We have been writing to the government to make them understand this situation.

Justice Bhushan: We will read your Counter.