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Students vs UGC: SG Mehta says final year exams necessary, SC grants time to file replies; here's where the case stands

A three-judge Bench of the Supreme Court was on this day continuing the hearing of a bunch of petitions in the Students vs UGC case against the UGC direction to universities to hold the Final Year Examinations by September 30 amid the coronavirus disease (COVID-19) pandemic outbreak. In its last hearing, the top court had directed the Ministry of Home Affairs (MHA) to clear its stance on the final year examinations.

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Solicitor General Tushar Mehta, appearing for the University Grants Commission (UGC), on Sunday told the Supreme Court that the UGC is the only body that can prescribe rules for conferring a degree and that states cannot change the rules. He also contested that conducting the final year examinations, as decreed by the UGC, is mandatory and it is not in the interest of students to not have exams.

A three-judge Bench of the Supreme Court was on this day continuing the hearing of a bunch of petitions in the Students vs UGC case against the UGC direction to universities to hold the Final Year Examinations by September 30 amid the coronavirus disease (COVID-19) pandemic outbreak. In its last hearing, the top court had directed the Ministry of Home Affairs (MHA) to clear its stance on the final year examinations.

What is the Students vs UGC case all about?

The petitioners argue that it is unsafe in the current situation of the pandemic to conduct the examinations. The UGC has said that there was enough time to conduct the examinations in a manner that the universities see fit.

While states such as Maharashtra and Delhi have officially opposed the UGC decree and have cancelled the final year examinations in the respective state universities, the UGC has, in turn, contested that the final year examinations are mandatory as the degree cannot be allotted without proper assessment.

Where does the case currently stand?

A three-judge Bench of the Supreme Court, lead by Justice Ashok Bhushan, began hearing the pleas from the petitioners on this day against the UGC decree asking universities to conduct the final year examinations by September 30.

The Delhi government has already submitted that it is not possible to conduct the final year examinations in the current climate of the COVID-19 pandemic outbreak. Meanwhile, a bunch of petitions from final year law student Yash Dubey, 31 other students, and the Maharashtra Government have also challenged the UGC's decision to conduct the final year examinations.

Solicitor General Tushar Mehta, appearing for the University Grants Commission (UGC), on Sunday told the Supreme Court that the UGC is the only body that can prescribe rules for conferring a degree and that states cannot change the rules. He also contested that conducting the final year examinations, as decreed by the UGC, is mandatory and it is not in the interest of students to not have exams.

The Court then asked the Solicitor-General if the Disaster Management Act (considering that there is an ongoing pandemic) would have an overriding effect on the UGC directive.

The Supreme Court has finally set a date -- August 14 -- for the Solicitor General, appearing for the UGC, to file a response to the affidavits and the question regarding the Disaster Management Act. On August 14, the Supreme Court will also be walked through the entire scheme of the UGC to help conduct the examinations safely, Mehta said, adding that in the meanwhile, students ought to keep preparing for the final year examinations.

"The sooner this is resolved, the better is it for students," said Solicitor General Tushar Mehta. The Supreme Court will hear the case next on August 14.

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