[UGC VS STUDENTS] SC Hearing On Petitions Seeking Cancellation Of Final Year Exams [Courtroom Exchange]

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18 Aug 2020 5:24 AM GMT

  • [UGC VS STUDENTS] SC Hearing On Petitions Seeking Cancellation Of Final Year Exams [Courtroom Exchange]

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    • 18 Aug 2020 8:32 AM GMT

      Supreme Court now closes the hearing.

      All Counsels have been directed to submit a note on their submissions within three days. 

    • 18 Aug 2020 8:30 AM GMT

      SG finally notes that the Universities can seek for the deadline to be pushed, however, they cannot take the decision to confer degrees without holding exams. 

    • 18 Aug 2020 8:29 AM GMT

      SG makes a final submission that the entire country is working.

      “The students are 21-22 year olds. Can you really believe that they will not be going out ?”

    • 18 Aug 2020 8:28 AM GMT

      Bench asks SG Mehta that if there is a certain situation in a State, can the UGC override the State and mandate for the exams to still be held ? How can that happen ?

    • 18 Aug 2020 8:27 AM GMT

      Bench: This much is clear. The only question that needs to be answered is whether a University’s decision can override the Guidelines.

       SG: Under this Act, the Central Government does have the supremacy to decide. 

    • 18 Aug 2020 8:25 AM GMT

      SG: I am now directly coming to the arguments based on the Disaster Management Act.

      SG: I don’t wish to travel in the area of whether Centre is supreme or State is Supreme. The Act is designed in a way that a disaster can be a local disaster or a disaster can be pan-India.

       SG: For instance, disaster in Gujarat is a local disaster, which is area-based. Now come to the definition of the term “Central Government”. And “disaster” means a catastrophe, mishap. calamity etc. 

    • 18 Aug 2020 8:21 AM GMT

      SG now refers to a 2013 judgment of “Maha Vaishno Devi Mahila Vishwavidyalaya v. State of UP”. 

    • 18 Aug 2020 8:21 AM GMT

      SG: The limited point that I am making is that the Guidelines have a statutory mandatory force.

      SG now refers to a 2005 judgment. 

    • 18 Aug 2020 8:20 AM GMT

      SG: Regulation 6(1) of 2003 Regulations is regarding the minimum standard for giving the first degree. Plus, the University must adhere to it. There is a statutory mandate here. 

    • 18 Aug 2020 8:17 AM GMT

      SG: UGC Act derives its power from Entry 66 of List 1 in Schedule 7. I want to draw your attention to Section 12 which provides functions of University. 

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