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

Divan: Each Guideline issued by the Central Government is attached with penal consequences for their infringement. Please note this. Dr. Singhvi has already indicated this to you. 

Divan: States/UTs may not dilute the guidelines under DMA. But, they may make it stricter. This is decentralisation. This is one aspect that I wanted to highlight

Divan: If the lockdown was going on, could UGC have promulgated it’s Guidelines ? If it could not do it at that time, it cannot do it now. 

Divan now refers to the various circulars issued under the Disaster Management Act by Ministry of Home Affairs

Divan: Grandparents living with students are a homogenous class. It doesn’t matter if you’re in 2nd year or final year. These are all homogenous classes. Please keep this in mind.

Divan: Students who are taking exams, teachers and invigilators, and people living with students. These are three groups which are a homogenous class

Divan submits that the fundamental norm that exists is that right to life is at the highest level. 

Dr. Singhvi concludes his arguments 

Sr. Adv. Shyam Divan is now making his submissions. 

Singhvi: No one is against the exams in normal times. We are against exams during the pandemic. These are three things UGC does not deal with. 

Singhvi: UGC affidavit deals with NCT affidavit and doesn’t refer to Maharashtra at all. Second, do the provisions of DMA override other acts ? UGC doesn’t address it at all.