The Union Ministry of Home Affairs has informed the Supreme Court that it permitted the conduct of exams by Universities and Institutions vide notification dated July 6, 2020, after taking into consideration the "academic interest" of a large number of students.
It is submitted that the decision was taken pursuant to the requests made by the Ministry of Human Resource Development and also the directions issued by the National Disaster Management Authority under section 10(2)(1) of the Disaster Management Act 2005.
The submission filed through Advocate BV Balram Das has come in a batch of petitions challenging the decision of the MHA as well as the UGC Guidelines, to compulsorily conduct examination of final year students.
The Union Ministry of Home Affairs had permitted the conduct of exams by Universities and Institutions vide notification dated July 6, 2020 and had ordered the Universities to compulsorily conduct examination of final year students as per UGC guidelines and Standard Operating Procedure.
Home Ministry Permits Conduct Of Exams By Universities, Institutions
In furtherance of the aforementioned notification, UGC has issued revised guidelines for University examination for terminal semester students whereby it instructed Universities to conduct exams in offline (pen & paper)/ online/ blended (offline + online) mode.
The MHA has informed the Top Court that while the Unlock-3 guidelines continue to require schools, colleges, educational and coaching institutions to remain closed till 31.08.2020, the universities / institutions are exempted from the said restriction for the limited purpose of holding Final Term Examinations/ evaluation work in terms of the UGC guidelines on examinations.
It is stated that aforesaid exemption is granted in exercise of powers under section 10(2)(1) of the Disaster Management Act 2005, and is statutorily sound.
Section 10(2)(1) of DMA empowers the National Executive Committee to "lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster".
Also Read: 'Cancellation Of Exams Not In Students' Interests': UGC Opposes Delhi & Maharashtra Govts Stand Of Not Conducting Final Year Exams
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