[Breaking] Karnataka HC Refuses To Stay Common Entrance Test Scheduled To Start Tomorrow

The High Court of Karnataka on Wednesday refused to stall the Karnataka Common Entrance Test scheduled to start from tomorrow.The Court however clarified that all students who come to give examination should be allowed to write CET and that failure to inform COVID-19 positive status or in advance or to obtain a medical certificate should not be a ground to disallow a candidate to attend the exam and that they should be dealt with in the manner provided under the Standard Opertaing Procedure of the state."...on no ground, should a student be denied the opportunity to write exam. Authorities should provide transport to students on cases to case basis and not just to COVID positive students", the bench stated in the order.The Court directed that the authorities should "scrupulously follow" the guidelines of the Union Ministry of Health and Family Welfare and the Standard Operating Procedure formulated by the State Government for the conduct of CET.The Court also directed that the SOP should be uploaded to the web portal of KEA before 8 pm today.The bench told the Government that all personnel should be given clear instructions that students from containment zones can come out on showing hall tickets."All police and health personnel should be instructed properly regarding this", the bench told Additional Advocate General, Dhyan Chinnappa, who represented the Government.The Court stated in the order as follows :"...we make it exclusively clear that on no ground whatsoever any candidate will be prevented from attending his examinations. All logistical support shall be extended to such candidates who require medical attention, transportation, food in case of covid patients and other facilities. Respondent authorities shall also make sure that not only inside the examination hall but outside the hall the conditions prescribed under the SOP issued by Ministry of health affairs and SOP by state from time to time, is scrupulously/strictly followed. State shall ensure that all necessary instruction and information is issued to authorities for ensuring that no candidate or their parents and guardians accompanying them are prevented from leaving their place of residence on account of same being in containment zones or otherwise. If necessary on a case to case basis they shall provide transportation not only to candidates who may be tested positive for covid but also to those candidates who may be in need of such transportation.Respodent authorities shall also ensure that on account of non compliance of Sop. Namely not informing authorities about covid-19 status in advance or non production of medical certificate from physician, certifying that candidate is fit to write the examination and furnishing risk consent as a ground to prohibit from taking up the exam. For reasons aforestated the interim prayer sought for stands rejected".The bench comprising Justices Aravind Kumar and M I Arun told the petitioners that they came belatedly to the court, challenging the KCET notification issued on May 13."You came at the last moment. What were you doing for two months?", the bench said.Yesterday, a bench headed by Chief Justice Abay S Oka had directed the State Government to reconsider the decision to hold Karnataka Common Entrance Test(KCET) amid the rising cases of COVID-19 in the state.Today, the Government told the HC that it has decided to go ahead with the KCET as scheduled on July 30, 31 and August 1.#KCET2020 Read the operative portion of the order of Karnataka HC which clarified that no student should be disallowed from attending #KCETExams on the ground on not fulfilling conditions in SOP. The bench however refused the prayer to stay the exams.#KCETStudensInHCForJustice pic.twitter.com/IcK6EkS13o— Live Law (@LiveLawIndia) July 29, 2020The directions of Karnataka HC in pleas challenging #KCET :1. No stay of exams.2. All students who come to give examination should be allowed to write CET3. Transport should not be restricted to COVID-19 positive cases4. SOP to be uploaded to KEA web portal before 8pm today https://t.co/05XYUQsHTL— Live Law (@LiveLawIndia) July 29, 2020As happened during the oral hearing:The case was heard today by a bench comprising Justices Aravind Kumar and M I Arun as Chief Justice AS Oka was not available today.During the hearing, the bench, expressed dissatisfaction with the Standard Operating Procedure formulated by the State government on July 18 observing that it was framed without considering relevant aspect."From the date of announcing the CET schedule (May 18), there is a marked change. The SOP framed on July 18 does not address many aspects. Can we put the students to danger?", the bench asked Dhyan Chinnappa, Additional Advocate General, who appeared for the Karnataka Government."You came out with the SOP late", the bench told the AAG.The bench also observed that the decision was taken in a "hurry" and asked if any "irreparable harm or injury" will be caused if the exams are postponed.The AAG ...

[Breaking] Karnataka HC Refuses To Stay Common Entrance Test Scheduled To Start Tomorrow

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