State Govt/SDMA Can Override UGC Deadline For Exam Based On Local Pandemic Situation: SC [Read Judgment]

In its judgment delivered on Friday, the Supreme Court observed that the State Disaster Management Authority and State Government has authority under Disaster Management Act, 2005, to take a decision that for mitigation or prevention of disaster it is not possible to hold physical examination in the State."The direction of the University Grants Commission in Revised Guidelines dated 06.07.2020 insofar as it directs the Universities and Colleges to complete the final year/terminal year examination by 30.09.2020 shall be overridden by any contrary decision taken by the State Disaster Management Authority or the State Government exercising power under the Disaster Management Act, 2005." the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah held.The court observed that, with regard to conduct of examinations, the State authorities are competent to assess the situation in a particular State regarding possibility of holding of examinations. The bench was considering the submission that the UGC guidelines does not prohibit a State or State Disaster Management Authority in taking appropriate decision in exercise of power under Disaster Management Act, 2005 not to hold examination looking to the situation in a particular State. The Court said the guidelines dated 06.07.2020 of the UGC insofar as it directs completion of final examinations by 30.09.2020 which direction is overridden by the decision of the State Disaster Management Authority and State Government where it resolved not to hold the examinations. The bench observed:"No State shall permit health of its subject to be compromised that is why overriding power has been given to the State Disaster Management Authority and the State Government with regard to any inconsistency with any other law for the time being in force. We have noticed above that there are no orders or directions in the guidelines of the National Disaster Management Authority or National Executive Committee fettering the powers of the State Disaster Management Authority and a State Government to take a decision as to whether examinations by physical mode be permitted in particular State looking to the situation in the State."The court recorded the UGC counsel's submission that it shall be ready to consider any request received from any State to allow the Universities to reschedule the date of final examinations and in the event any request is made to 144 the UGC the deadline for completion of the examination can be extended by the UGC and the date of final examinations can be rescheduled. The Court has grant liberty to State/Union Territory to make an application to the University Grants Commission for extending deadline of 30.09.2020 if, in exercise of jurisdiction under Disaster Management Act, 2005, it has taken a decision that it is not possible to conduct the final year/terminal semester examination by 30.09.2020.Referring to the Section 72 of the Disaster Management Act, 2005 empowers the State Disaster Management Authority as well as the State Government to take decision for prevention and mitigation of a disaster and the action taken by the authorities under the Disaster Management Act have been given overriding effect to achieve the purpose and object of the Act. "In case of a disaster the priority of all authorities under the Disaster Management Act is to immediately combat the disaster and contain it to save human life. Saving of life of human being is given paramount importance and the Act, 2005 gives primacy, priority to the actions and measures taken under the Act over inconsistency in any other law for the time being in force. Section 72 begins with non obstante clause.", the bench observed.State Govt./SDMA Cannot Promote The Students Without Holding Final Year/Terminal Semester Examinations State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment.The Court said that University Grants Commission is the Authority to issue guidelines for determination and maintenance of standards of education and teaching of the Universities. The bench observed thus while considering the issue whether the State and State's Disaster Management Authority in exercise of jurisdiction under Disaster Management Act, 2005 can take a decision not to hold examination by 30.09.2020 disregarding the direction in the UGC guidelines dated 06.07.2020? This issue arose since the State Disaster Management Authority (State of...

State Govt/SDMA Can Override UGC Deadline For Exam Based On Local Pandemic Situation: SC [Read Judgment]

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""No State shall permit health of its subject to be compromised"

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