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'State Disaster Management Authority Cannot Cancel Exams': Group Of Maharashtra Students Move SC

LIVELAW NEWS NETWORK
7 Aug 2020 11:14 AM GMT
State Disaster Management Authority Cannot Cancel Exams: Group Of Maharashtra Students Move SC
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A group of students from Maharashtra have moved the Supreme Court, challenging Maharashtra government orders cancelling the final year/term examinations in the state. They have contended that the order has been issued without any authority in law.

By way of two orders dated June 18, 2020 and June 19, 2020, the Maharashtra State Disaster Management Authority and the state Government respectively, intimated that all final year/semester examinations in Maharashtra stand cancelled and students shall be passed on the basis of their previous years'/semesters' marks.

The Petitioners, final year students in Universities in the State, have approached the Top Court stating that the SDMA has no authority pass any order in relation to examinations, as the same is within the exclusive domain of the UGC.

"Only the Respondent No. 3 UGC is authorised in law to pass any orders in relation to standards of higher education, including conduct and standards of the examinations in higher education," the plea states.

It is contended that the impugned orders are contrary to the Guidelines issued by the UGC on July 6, 2020 for conducting final year exams, and which are statutorily binding upon the Universities in the State of Maharashtra as well.

They have also argued that the impugned Government orders are violative of the their fundamental right to obtain a "proper education" and "respectable degree", as a part their right to life guaranteed by Article 21 of the Constitution.

The Petition is filed through Mr C. George Thomas, Advocate-on-Record, and will be argued by Mr Vinay Navare, Senior Advocate along with Mr Abhay Anturkar.

The petition is filed as an interlocutory application in the petition pending in the SC challenging the UGC direction to hold final year examinations by September 30.

The top court is scheduled to hear the matter on August 10.

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