[STUDENTS VS UGC] SC Adjourns The Hearing To August 18 [Read The Courtroom Exchange]

Divan: On 29 April, confirmed cases was 1137. You couldn’t hold the exams then. How would you have them now ? With lakhs of cases. The pandemic is only increasing in intensity. 

Divan: There is no dispute to the power, but 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: Have a look at Sec. 6. For the prevention of disaster and for “mitigation”. This is for prevention of spread and therefore, some measures must be taken. Now, see Sec. 10. 

Justice Shah interrupts Divan to tell him they’ve read it.

Divan requests the Bench to take up the Disaster Management Act and to read the Preamble of the Act. 

Divan: Now we have a letter and a PIB Press Release, as well as the affidavit of the Central Govt.

Divan refers to the instructions and how the guidelines of the MHA cannot be diluted under any circumstance

Divan: But, can it be done now ? If they couldn’t do it in May, then they certainly can’t do it in the month of July.

Divan now refers to an Office Memorandum

Divan: Nowhere does the UGC state that there has been an improvement in the health system or if there’s a new containment method. In normal situations, they can say that 31 Sept is the last day. 

Divan: Here, they recognise that if there are State Govt. guidelines, they must adhere to them.

Divan: The UGC Revised Guidelines say that in view of the prevailing situation, the health of the students need to be kept in mind and must be given paramount importance. 

Divan: It also Online distance learning will be encouraged. These restrictions will continue till end of August.

The important point is Clause 1. Further, States/UTs may not dilute these guidelines