Student body moves SC supporting State decision to cancel final year exams in Maharashtra, says UGC not final word on conferring degrees

The Maharashtra Students Union has filed an intervention application in the Supreme Court supporting the July 13 decision of the State Disaster Management Authority to cancel final year University exams in the State this year, in view of the COVID-19 pandemic..The intervention comes soon after Solicitor General Tushar Mehta had informed the top Court that decisions by State governments to cancel exams were not legal since they override the UGC mandate to conduct exams by September 30 (as per its July 6 guidelines). Mehta had submitted that the UGC takes a call on these matters and that the regulatory body confers the University degrees. .While hearing the plea filed by 31 students all across India seeking to quash the UGC's July 6 guidelines, the Supreme Court has now sought to know whether the provisions of the Disaster Management Act would override the UGC guidelines..The impleadment application by the Maharashtra Students Union, filed by Advocate on Record Mohini Priya, states that the UGC guidelines are "neither mandatory nor binding on the State Authority set up under Section 14 of the Disaster Management Act, 2005."."In case of a conflict between laws made either by the Parliament and/or State Legislature and the Disaster Management Act, 2005, the latter shall prevail in accordance with the provisions of Section 72 of the Disaster Management Act, 2005."reads the application..Furthermore, the plea states that if the Universities Grants Commissions Act, 1956, Maharashtra Public Universities Act, 2016 and the Disaster Management Act, 2005 are examined, then it would be clear that: ."... not only the State Government, but even the State Disaster Management Authority constituted under section 14 and/or the State Executive Committee constituted under Section 20 of the Act of 2005 are legally competent to take a decision in this behalf.".The State Authority of Maharashtra had convened its last meeting on July 13. After considering the prevailing COVID-19 situation in the State of Maharashtra, as well as the views put forth by the majority of Vice-Chancellors of Universities in the State, the Authority had decided that it is not possible to conduct examinations in Maharashtra. .It, therefore, reiterated and confirmed its earlier decision and the State Government’s Resolution dated June 19 to not hold exams during the pandemic..The Maharashtra Student Union's plea also makes a case that the power to take such decisions regarding the conduct of examinations and conferment of degrees rests with the respective State Universities. .As such, the UGC does not have the authority to grant/ withhold the degrees of students when the State Governments and Vice-Chancellors of Universities have, after considering all the exigencies of the current situation, made a unanimous decision to confer degrees without holding the final year examinations.."While UGC is concerned with the standards of education, the decision of the State Government regarding non-conduct of final exams in a situation of a national health crisis like the present COVID-19 pandemic cannot ... be considered as an impediment on the powers of UGC to maintain standards of education."reads the IA..The intervention application also states that the holding of physical examinations, which normally continues for a period of 15-20 days, would pose a problem of accommodation of students, staff and invigilators for the duration of the examination..Given the lack of public transport, it would be difficult for lakhs of students who have gone back to their hometowns to make travel arrangements, it is pointed out.."Since COVID-19 situation is varying from one State to another, it is trite that the decision whether or not to hold the final year examinations should be left to the respective State Governments as they are best equipped to handle a crisis of this enormity under the provisions of the Disaster Management Act, 2005," reads the plea..(Read related stories).[Breaking] Maharashtra govt files affidavit in UGC case before Supreme Court, says state body has decided not to conduct exams amid COVID-19.SC adjourns hearing in plea challenging UGC Guidelines, SG says students have to continue preparing for exams in the meanwhile: LIVE UPDATES.UGC guidelines for final year exams: Will Disaster Management Act have an overriding effect on UGC directive? Supreme Court seeks reply.31 students from across India move Supreme Court challenging UGC directive to hold Final Year Exams by September 30