Supreme Court to hear TODAY Petition seeking seeking of #UGCGuidelines to conduct final year Examinations by September 30, 2020.

#StudentsInSCForJustice
#StudentLivesMatter
#31StudentsInSCForJustice
#Covid19
#UGC
@anubha1812
@advocate_alakh
The matter has been listed before Three Judge bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah as ITEM No. 1
Summary of Last Hearing

Arguments by @DrAMSinghvi

'How Can There Be Exams Without Teaching? UGC Directions Arbitrary': Singvhi Seeks Cancellation Of Exams

https://www.livelaw.in/top-stories/how-can-there-be-exams-without-teaching-ugc-directions-arbitrary-singvhi-seeks-cancellation-of-exams-161394

#StudentsLivesMatter
#StudentsInSCAgainstUGC
#31studentsinscforjustice
[Breaking] 'How Can There Be Exams Without Teaching? UGC Directions Arbitrary': Singvhi Seeks...

'No one is against the exams in normal times. We are against exams during the pandemic', he submitted in SC.

https://www.livelaw.in/top-stories/how-can-there-be-exams-without-teaching-ugc-directions-arbitrary-singvhi-seeks-cancellation-of-exams-161394
"No one is against the exams in normal times. But against exams during the pandemic"

Guidelines are a "one-size fits all" method which doesn't take into account the accessibility, transport etc of students.

Number of COVID cases have been increasing exponentially, @DrAMSinghvi
Arguments by Shyam Divan

'When Exams Can't Be Held In April With 1137 COVID-19 Cases, How Can They Be Held Now With Lakhs Of Cases?' Shyam Divan Tells SC In Students v UGC

https://www.livelaw.in/top-stories/when-exams-cant-be-held-in-april-with-1137-covid-19-cases-how-can-they-be-held-now-with-lakhs-of-cases-shyam-divan-in-students-v-ugc-161396

#StudentsInSCAgainstUGC
#StudentsLivesMatter
@AUThackeray
[Breaking] 'When Exams Can't Be Held In April With 1137 COVID-19 Cases, How Can They Be Held Now...

When the UGC itself says that its guidelines are advisory in nature, they must be tailored according to local needs, submitted Shyam Divan, Senior Advocate, before the Supreme Court in the

https://www.livelaw.in/top-stories/when-exams-cant-be-held-in-april-with-1137-covid-19-cases-how-can-they-be-held-now-with-lakhs-of-cases-shyam-divan-in-students-v-ugc-161396
#COVID19 cases are rising exponentially in several states like Maharashtra. In many places, colleges and educational institutions have been converted to quarantine centres.

#UGC cannot override the Disaster Management Authority: Divan told Court

#StudentsInSCAgainstUGC
Once you have a disaster going on where you've elevated the right to life, you cannot have an authority coming in and saying that they will dilute the restrictions: Divan told SC

#UGCGuidelines
#StudentsInSCAgainstUGC
#StudentsLivesMatter
@anubha1812
One of the pertinent question in the matter is

Can State Disaster Management Authority Direct To Cancel Exams Overriding UGC Guidelines? Asks SC

https://www.livelaw.in/top-stories/can-state-disaster-management-authority-direct-to-cancel-exams-overriding-ugc-guidelines-asks-sc-161214

@ugc_india
#StudentsLivesMatter
#StudentsInSCAgainstUGC
[Students vs UGC] Can State Disaster Management Authority Direct To Cancel Exams Overriding UGC...

The Supreme Court on Monday adjourned till August 14(Friday) the hearing on a batch of petitions challenging the direction issued by the University Grants Commission (UGC) to Universities to hold...

https://www.livelaw.in/top-stories/can-state-disaster-management-authority-direct-to-cancel-exams-overriding-ugc-guidelines-asks-sc-161214
Today @advocate_alakh will argue for 31 Students who filed the first petition challenging the #UGC Directive.

He has filed the written submission to the Court on Monday

UGC Guidelines To Conduct Final Exams Violative Of UGC Act & Regulations: https://www.livelaw.in/top-stories/ugc-guidelines-to-conduct-final-exams-violative-of-ugc-act-regulations-students-tells-sc-read-written-submissions-161568
[Breaking] UGC Guidelines To Conduct Final Exams Violative Of UGC Act & Regulations: Students Tells...

The Petitionersin the PIL seeking cancellation of the UGC direction to hold final termexa

https://www.livelaw.in/top-stories/ugc-guidelines-to-conduct-final-exams-violative-of-ugc-act-regulations-students-tells-sc-read-written-submissions-161568
BREAKING: #UGC has filed a Reply to State of Odisha stating that any decision to cancel the exams by a State would “violate the #UGCGuidelines and would impact the standards of higher education”.

#StudentsInSCAgainstUGC #StudentsInSCForJustice @advocate_alakh @anubha1812
The Bench headed by Justice Ashok Bhushan will assemble shortly in VC-5.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
The Control Room coordinator informs the Counsels present that Items 1, 2, 3, 30 and 31 (Petitions against #UGC Guidelines) will be taken together.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
The Bench has assembled.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
Sr. Adv. Arvind Datar begins making submissions for State of Maharashtra. He states that the State is the worst affected.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
Datar: I will come to the practical difficulties which exists in holding the exams. Please come to the Counter filed by #UGC. I will refer to the common compilation and my written submissions.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines
SG Mehta asks for the written submissions to be sent to him. Datar obliges.

Datar continues his submissions.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
The Bench is now perusing the submissions.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #StudentsLivesMatters #UGCGuidelines @anubha1812 @advocate_alakh
There is a slight confusion regarding the counters which are being referred to. Datar informs the Bench that the Counter he is referring to is dated 30th July.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
The Bench asks Datar to proceed now.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: The UGC Act is traced to Entry 66 of List 1. My submission is that UGC can lay down standards, but it can’t compel exams to be held.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar now refers to a judgement.

Justice MR Shah states that the judgment is related to medical colleges.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar continues with the 2016 judgement and informs the Bench that he will try to convey its relevance.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: 2016 7 SCC. This was regarding medical education and main controversy was what was the power of State Govt. and Central Govt.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: Kindly note that here it was “coordination and determination of standards”.

He continues reading the judgement.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar submits that the judgment states that Entry 66 has a very limited scope. It would only mean “laying down standards, but not include conduct”.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Justice Shah: But, UGC is not conducting the exams here. That is up to the Universities. You can’t say that UGC says conduct exams.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: You have raised two questions. I will come to the constitutional aspect later. I will raise the “welfare of students” issue.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Justice Bhushan says that the students cannot decide their welfare.

“Only the authorities can decide what is in their welfare. Students are not competent enough to decide.”

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
Justice BR Gavai raises the issue, “Won’t not conducting the exams lead to dilution of the standards only ?”

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Justice Ashok Bhushan explains the scope arrogated to an authority under the Disaster Management Act.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar refers to the question asked by Justice Reddy whether not conducting the exam would lead to dilution.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: IIT itself is going to issue degrees without conducting the final exams.

Justice Bhushan: We are not concerned with IIT.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: I am only putting forth the best argument. If a central institute of international repute can do this, why can’t we ?

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: I will explain why not holding the exams is not something fatal and why it won’t amount to dilution. We are now dealing with 2003 UGC Guidelines.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: Note 3 things - What is a programme, what is a semester and what is a course.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: We have 3-year degree & 5-year degree courses. I’m currently concerned with only non-professional courses. In 2003, the semester system was there.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: As of March 2020, 5 semesters had already been completed, and the internal assessment for 6th sem was almost over.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: Clause 6 read with Clause 8 of the 2003 Guidelines gives the picture that a student is evaluated from Day 1. This is different from what we had in our days.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812
Datar: If I am a student of 1st semester, I write the courses and get the marks. Same for 2nd semester. Now a person gets the aggregate of these two sems which is called CGPA.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
Datar: Now today, we are only concerned with final exams. If there are 42 courses, the student has already completed 36. As of March, his CGPA will be the average of first five sems.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
SG Mehta asks whether the pattern is present in all Universities.

Datar states that it’s the case for State of Maharashtra.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Justice Bhushan states that the arguments needs to be addressed in a manner which affects the entire country, and should not be limited to a State as UGC applies across the country.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
Datar: The semester system is applicable throughout the country.

SG: It is not.

Datar: As per my instructions, it is.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: I want to make one point clear. These Regulations apply across India.

Justice Shah: So, Universities have a choice about the kind of semester system they want to follow.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC
Justice Bhushan: We’ve understood your case that in Maharashtra it is this system. But the entire country is different. What is your argument ?

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812
Justice Shah: According to you, only five semesters will be considered, and six will not be conducted at all ?

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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 !

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.
#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: The July 6 Guidelines is liable to be struck down.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: The situation in Maharashtra with regard to #COVID19 is terrible.

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

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Datar: How can you say that Kerala, Maharashtra, Odisha must hold it by Sept 30 ? It is completely violative of Art. 14.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
Justice Bhushan states that if there are different dates for different States, then the argument would be raised that UGC is being discriminatory.

#StudentsInSCForJustice #StudentsInSCAgainstUGC #student_lives_matter #31StudentsInSCAgainstUGC @anubha1812 @advocate_alakh
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