PRANEETH.K & ORS V/S UNIVERSITY GRANTS COMMISSION 

Facts 

During the COVID-19 the world suffered a lot and the students are the ones who suffered a lot during the  pandemic. 

COVID-19 came in the starting months of 2020 and it was the time of the final year students examination. Because of the pandemic the government requested the people not to go out and stay inside their homes. 

During all this the University Grants Commission (UGC) issued guidelines for the conduct of final year  university examinations during COVID-19. 

Due to the bad conditions the exams got postponed. On 6^th July 2020, the university Grants Commission  published revised guidelines stating that final semester examinations should be conducted by the end of 30^th September 2020 and no university should award degrees based on internal assessment of the final year. 

0n 6^th July 2020, the ministry of home affairs granted permission to the union higher education secretary to  conduct examinations. 

It was impossible for students to go out and give their exams because of the fear and the instructions  given by the health ministry.  

The condition got worse that conducting examinations got impossible so the universities cancelled the final  year examination and gave them degrees on the basis of past performances & internal assessment. 

It was impossible for students to go out and give exams because the government has given the  government buildings, especially the school, to the COVID-19 to quarantine people.

Maharashtra is one of the states which suffered a lot of loss. Not only Maharashtra but other states also suffered  a lot and decided not to conduct exams. 

The petitioner filed a case against the guidelines of UGC. 

Issues 

Whether the UGC guidelines dated on 6^th July 2020 has violated article 14 of constitution of India. 

Whether the guidelines of the UGC dated 6^th July 2020 liable to be set aside on the grounds of non compliance of section 12 of UGC Act,1956. 

Whether the guidelines of the UGC dated on 6^th July 2020 is in violation of article 21 of the constitution of  India and the guidelines have been issued disregarding the pandemic COVID-19.  

Arguments 

Petitioner 

The official letter issued by the ministry of home affairs, was argued to be in direct violation with the later  order dated 29.07.2020, which stated that all schools and colleges shall continue to remain shut till 31^st august 2020. 

According to the petitioners the guidelines given by the UGC was the volition of the article of 14 and 21,  since it endangered the life of students because the situation during COVID-19 was really bad. 

Under section 72 of the disaster management Act, the disaster management authorities of the state had  the authority to override UGC act and the guidelines issued under it. 

During the COVID-19 it was impossible for students to come out from their houses and give exams  because it was dangerous for them. The situation was so bad that students left the state or city in which they  were living in and went back to their hometowns. 

The students were not happy because of the guidelines issued by the UGC. 

Respondent 

The UGC had taken the permission from the Ministry of Health and Family Welfare to conduct the  examinations with safety. 

The UCG guidelines only talked about the examinations of the final year students. 

Judgment

The supreme court of India held the revised guideline dates on 6^th July 2020 were in consonance with the  UGC responsibility to coordinate and determine the standards in institutions of higher education. 

The UGC did not violate article 14 of the Indian constitution. The final year students have to choose other  higher courses which are important for their careers. 

The criteria for the juniors are different and for final year students it is different. The guidelines are in  agreement to maintain the standards and protocol of higher education. 

The bench observed that the guidelines are not in violation of article 14 of the constitution of India, as  settling one date that is 30/09/2020 renders uniformity and structure to all the pass-outs of graduate or  post-graduate courses. 

The Supreme court held that the states and universities had to conduct the examinations for the students of  final year.  

References 

https://indiankanoon.org/doc/9107318/

https://katcheridotin.wordpress.com/2020/10/07/case-comment-praneeth-k-vs-university-grants commission-by-aditya-hawaldar/ 

This article is written by KUMKUM of Lloyd Law College, Intern at Legal Vidhiya.

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