Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.724 OF 2020
PRANEETH K AND ORS. ...PETITIONER(S)
VERSUS
UNIVERSITY GRANTS
COMMISSION (UGC) AND ORS. ...RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO. 739 OF 2020
YUVA SENA ...PETITIONER(S)
VERSUS
UNIVERSITY GRANTS
COMMISSION AND ORS. ...RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO. 746 OF 2020
YASH DUBEY AND ANR. ...PETITIONER(S)
VERSUS
Signature Not Verified
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.08.28
14:20:46 IST
Reason:
UNION OF INDIA AND ORS. ...RESPONDENT(S)
WITH
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WRIT PETITION (CIVIL) NO. 745 OF 2020
KRUSHNA GOVING WAGHMARE
AND ORS. ...PETITIONER(S)
VERSUS
UNIVERSITY GRANT
COMMISSION AND ORS. ...RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION (C) NO.10042 OF 2020
)
(Diary No. 15056 OF 2020
KAJAL MISHRA AND ORS. ...PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO. 741 OF 2020
WEST BENGAL COLLEGE AND
UNIVERSITY PROFESSORS’
ASSOCIATIOIN (WBCUPA) AND ANR. ...PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ...RESPONDENT(S)
3
WITH
WRIT PETITION (CIVIL) NO. 794 OF 2020
SARTHAK MEHTA AND ORS. ...PETITIONER(S)
VERSUS
UNIVERSITY GRANTS
COMMISSION (UGC) AND ORS. ...RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO. 814 OF 2020
RITESH ANIL MAHAJAN AND ORS. ...PETITIONER(S)
VERSUS
THE MAHARASHTRA STATE DISASTER
MANAGEMENT AUTHORITY AND ORS. ...RESPONDENT(S)
WITH
WRIT PETITION (CIVIL) NO. 862 OF 2020
KALICHARAM GAJBHIYE AND ANR. ...PETITIONER(S)
VERSUS
THE MAHARASHTRA STATE DISASTER
MANAGEMENT AUTHORITY AND ORS. ...RESPONDENT(S)
4
WITH
WRIT PETITION (CIVIL) NO. 861 OF 2020
SOUVIK PAL ...PETITIONER(S)
VERSUS
THE STATE OF WEST BENGAL ...RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN, J.
This batch of cases consisting of writ petitions
(except one Special Leave Petition, i.e., SLP (C) D.
No.15056 of 2020) filed under Article 32 of the
Constitution of India can be divided into two broad
groups. First group of writ petitions consists of
petitions filed by students, youth organisations and
the teachers associations challenging the guidelines
issued by University Grants Commission (hereinafter
referred to as “UGC”) dated 06.07.2020, O.M. dated
06.07.2020 issued by Ministry of Human Resource
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Development and letter dated 06.07.2020 issued by
Ministry of Home Affairs whereby all the Universities
and Colleges across the country had been directed to
conduct terminal semester/ final year examinations by
30.09.2020. A further relief has been sought
directing the respondents to declare the results of
the students of the final year/terminal semester
examinations of all universities/ institutions of the
country on the basis of their past
performance/internal assessment and to award
marksheets and degrees. The second group of writ
petitions are the writ petitions filed by the
students challenging the decision of the State
Disaster Management Authority as well as of the
States (State of Maharashtra and State of West
Bengal) for not holding final term examination.
Further prayers have been made that State of
Maharashtra as well as State of West Bengal be
directed to comply with the UGC revised guidelines
dated 06.07.2020 and O.M. dated 06.07.2020 of
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Ministry of Human Resource Development. The special
leave petition has been filed against a common order
dated 14.07.2020 passed by the High Court of Delhi in
Writ Petition No. 3199 of 2020 and other connected
matters by which the High Court noted the schedule of
examination in the Open Book Examination (OBE) mode
by University of Delhi.
2.In Writ Petition (C) No. 724 of 2020, Praneeth K and
Others Vs. University Grants Commission and Others, a
common counter affidavit, additional affidavit and
affidavit in reply to the UGC has been filed. The
State of Maharashtra has also filed affidavits in
Writ Petition (C) No. 724 of 2020. All the parties
in Writ Petition (C) No. 724 of 2020 are represented.
Other writ petitions and special leave petition are
tagged with Writ Petition (C) No. 724 of 2020. The
decision in Writ Petition (C) No. 724 of 2020 shall
be sufficient to answer the issues raised in this
batch of cases. The pleadings in Writ Petition (C)
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No. 724 of 2020 need to be noted in some detail with
brief reference of prayers in other writ petitions
and special leave petition.
Writ Petition (C) No. 724 of 2020 Praneeth K and
Ors. Vs. University Grants Commission and Ors.
3. This writ petition has been filed by 31 students
pursuing undergraduate or postgraduate terminal
semester/final year courses in different Universities
located in different States across the country. The
petitioners are studying in different Universities
located in States of Kerala, Maharashtra, Assam,
Gujarat, Himachal Pradesh, Uttarakhand, NCT Delhi,
Orissa, Madhya Pradesh, West Bengal, Haryana, Uttar
Pradesh, Bihar and Meghalaya. Petitioners’ case is
that due to pandemic COVID19, Government of India
announced the nationwide lockdown w.e.f. 24.03.2020
in order to contain the spread of COVID19. The
Ministry of Health & Family Welfare, Government of
India issued various directions, guidelines and SOPs.
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Various educational institutes and Universities
extended their dates of examination for various
courses postponing the same indefinitely.
4.UGC constituted an Expert Committee to deliberate and
make recommendations regarding issues of examination
and academic calendar. The Expert Committee
submitted its report on basis of which UGC issued
guidelines on 29.04.2020, in which guidelines it was
proposed to take the final year university
examination by 31.07.2020. Number of COVID cases
being still rising, the above Expert Committee was
requested by UGC to revisit the guidelines. The
Expert Committee submitted its report, which was
approved by UGC on 06.07.2020 and UGC revised the
guidelines and issued academic calendar for final
year examinations. In view of COVID19 pandemic, the
revised guidelines provided that Universities are
required to complete the examinations by end of
September, 2020 in offline (pen and
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paper)/online/blended (offline + online) following
the prescribed protocol/guidelines relating to COVID
19. On 06.07.2020, the Ministry of Human Resource
Development formulated SOP for conduct of the
examination duly vetted by Ministry of Health and
Family Welfare. On 06.07.2020, the Ministry of Home
Affairs by a letter permitted the Ministry of Human
Resource Development to conduct the examination by
Universities and institutions.
5.The petitioners’ case is that the decision of the
UGC, Ministry of Human Resource Development and
Ministry of Home Affairs to conduct the final
term/final examinations of Universities and
institutions throughout the country amid COVID19
pandemic is extremely arbitrary, whimsical and
detrimental to the health and safety of the students
as well as violative of fundamental rights of lakhs
of students enshrined under Articles 14 and 21 of the
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Constitution of India including those of the writ
petitioners.
6.In pursuance of the guidelines dated 06.07.2020,
various institutions and colleges have issued
notifications notifying the final year examination.
Many universities and educational institutions of
India and abroad have issued their admission
notification for the year 20202021 wherein the last
date of online registration was 31.07.2020 and unless
a candidate possess the degree before that he cannot
apply for admission. Representation dated 09.07.2020
has been submitted to the Minister of Human Resource
Development to find an alternate way to save the
careers of the students. The petitioners have
further claimed that various other examination Boards
like CBSE, ICSE, ISC have cancelled their Xth/XIIth
Board examination due to COVID19 pandemic and has
declared the result on the basis of past
performance/internal assessment. On one hand, the UGC
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has exempted the students of intermediate
years/semester from appearing in the examinations due
to COVID19 outbreak and on the other hand has forced
the final year students to appear in the
examinations, which is discriminatory and arbitrary.
The petitioners in the writ petition have made
following specific prayers:
a) Issue urgent Writ In the nature of
mandamus or any Other appropriate
Writ, Order or Direction to quash and
set aside the Letter bearing D.O.
No.F.11/2020 (Secy) dated 06.07.2020
issued by the Respondent No.1 UGC
(Annexure P3) AND the Office
Memorandum bearing F.No. 1616/2020
U1A dated 06.07.2020, issued by the
respondent No. 3 MHRD (Annexure P4)
AND Notification bearing
NW/RK/PK/AD/DD dated 06.07.2020,
issued by the Press Information
Bureau, Government of India (Annexure
P5) whereby all the Universities and
Colleges across India have been
directed to conduct final Term/final
year examinations by 30.09.2020;
and/or
b) Accordingly, issue urgent Writ In the
nature of mandamus or any other
appropriate Writ, Order or Direction
to the Respondent Nos. 1, 2 and 3 to
not conduct the final Term/ final Year
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examinations of all Universities/
institutions across India; and/or
c) Issue urgent Writ in the nature of
mandamus or any other appropriate
Writ, Order or Direction to the
Respondent Nos.1, 2 and 3 to declare
results of the Petitioners and other
similarly situated students of the
final Term/ final Year examinations of
all Universities/ Institutions across
India, on the basis of their past
performance/ internal assessment and
to award marksheets and degrees to
all successful students on or before
31.07.2020; and/or
d) Issue urgent Writ in the nature of
mandamus or any other appropriate
Writ, Order or Direction to the
Respondent Nos.1, 2 and 3 to also
adopt CBSE mechanism end provide
subsequently another chance to Improve
marks to those willing students, who
may be unsatisfied with their score
based upon their past performance or
Internal assessment; and/or
e) Pass any other order or direction as
this Hon’ble Court may deem it and
proper In the facts and circumstances
of the case and in the interest of
justice.”
7.By our order dated 27.07.2020, we had directed the
petitioners to serve a copy to learned Solicitor
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General as well as learned counsel for the UGC.
Three days’ time was given to file the counter
affidavit and rejoinder was directed to be filed on
next date. In pursuance of order dated 27.07.2020, a
common counter affidavit dated 30.07.2020 has been
filed by UGC. UGC has also filed additional
affidavits. An affidavit dated 05.08.2020 was also
filed by the State of Maharashtra in Writ Petition
(C) No. 724 of 2020, reply of which was filed by the
UGC vide its affidavit dated 17.08.2020. Pleadings
were complete in Writ Petition (C) No. 724 of 2020,
consideration of which writ petition shall answer all
issues raised in this batch of cases.
Writ Petition (Civil) No. 739 of 2020 –
Yuva Sena Vs. University Grants Commission and Ors.
8.This writ petition has been filed as a public
interest litigation by the petitioner, which is youth
wing of Shiv Sena, registered and recognized
political party in India. After issuance of revised
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guidelines dated 06.07.2020 by UGC, the petitioner
claims to have addressed a letter dated 07.07.2020 to
Minister of Human Resource Development praying to
reconsider the decision of compulsorily conducting
final year examinations. Petitioner’s case is that
UGC had issued earlier guidelines dated 29.04.2020,
which were advisory in nature and each University was
to chart out its own plan of action taking into
consideration the issues pertaining to COVID19
pandemic. Petitioner’s case is that revised
guidelines have been passed in ignorance of rising
cases of COVID19 and have crated great fear in the
minds of students around the country especially in
the States of Maharashtra, West Bengal, Tamil Nadu
and Delhi. The impugned guidelines have not taken
into account the consequent risk of life to which the
students writing examinations would be exposed to.
9.Petitioner’s case further is that various States are
suffering gravely from pandemic of COVID19 and
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respective State Governments have imposed/implemented
various levels of lockdown under the Disaster
Management Act, 2005. Petitioner pleads that as a
result of the lockdown, Universities, schools,
educational institutions were forced to shut down and
to postpone the terminal semester/final year
examinations. Petitioner pleaded that pursuant to
the UGC guidelines dated 29.04.2020, the Ministry of
Higher and Technical Education, State of Maharashtra
had set up a State level Committee in view of the
grave situation of pandemic COVID19, which Committee
submitted a report on 06.05.2020 and recommended that
the final year exams may be conducted between
01.07.2020 to 31.07.2020, the said recommendations
were objected by petitioner and representation was
made to cancel the examinations. Petitioner also
claims to have made a representation to the
Government of Maharashtra requesting for not to hold
any examinations. On 19.06.2020, the State of
Maharashtra vide a Government Resolution dated
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19.06.2020 took a resolution for cancellation of the
terminal semester/final year examinations
considering the safety of health and life of the
students and for the allotment of grades and
aggregate marks to students based on their previous
semester and internal marks.
10. Petitioner’s case is that cases of COVID19 are
increasing day by day in the State of Maharashtra and
many college buildings in the State of Maharashtra
have been requisitioned by the State Government / its
bodies like Municipal Corporation to be converted
into quarantine centres and for other public purpose
in view of present pandemic COVID19, hence it is
impractical to hold examinations. In the writ
petition, petitioner has also given certain details
with regard to different States pertaining to number
of COVID19 cases like States of Tamil Nadu, NCT of
Delhi, Gujarat, Karnataka, Uttar Pradesh, Telangana,
Andhra Pradesh, West Bengal and others, the
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decisions taken by different States of not conducting
final examinations. Petitioner also referred to and
relied on judgment of this Court in Writ Petition (C)
No. 566 of 2020 – Amit Bathla & Ors. Vs. Central
Board of Secondary Education & Anr , where this Court
noticed the notifications issued by CBSE cancelling
the examinations for classes Xth/XIIth, which was
scheduled from 01.07.2020 to 15.07.2020. petitioner
in the writ petition has also prayed for a writ of
Certiorari setting aside the impugned revised
guidelines dated 06.07.2020 issued by UGC and O.M.
dated 06.07.2020 issued by Ministry of Human Resource
Development. It has also prayed to clarify and
declare that as per UGC guidelines dated 29.04.2020,
each university may chart out its own plan of action
with respect to terminal semester/final year
examinations taking into consideration the issues
pertaining to the COVID19 pandemic.
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Writ Petition (Civil) No. 746 of 2020 –
Yash Dubey and Anr. Vs. Union of India and Ors.
11. This writ petition has been filed by petitioner
No.1, a final year law student and petitioner No.2,
an association of lawyers registered under Society
Registration Act, 1860 namely, Youth Bar Association
of India. The petitioners plead that cause of action
for filing of the writ petition has arisen on
06.07.2020 when Ministry of Home Affairs issued
notification dated 06.07.2020 and the UGC issued
revised guidelines dated 06.07.2020. The
petitioners’ case is that in view of increasing
number of COVID19 cases, many States like Madhya
Pradesh, Rajasthan, Punjab and Maharashtra have
announced cancellation of examination of final year
students and for promotion of the final year
students. The petitioners further pleaded that on
11.07.2020, Tamil Nadu Government wrote a letter to
HRD Minister informing that they are not in a
position to conduct college examinations for the
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final year students. Another letter dated 11.07.2020
by Punjab Higher Education Minister written to HRD
Minister is referred where all decisions dated
06.07.2020 was asked to be reviewed, decision of
Government of Delhi dated 11.07.2020 to cancel all
ongoing examination have also been referred to.
Petitioners have prayed for setting aside the
notification dated 06.07.2020 issued by Ministry of
Home Affairs and revised UGC guidelines dated
06.07.2020. The writ petitioners have also prayed
for certain other payers to provide for alternative
mode of assessment of the final year students in wake
of COVID19 outbreak; to call upon Universities to
submit a set of parameters for evaluation of the
students on the basis of students past performance
and accordingly award provisional degrees to the
students and to promote the students on the basis of
the performance in the previous semesters by taking
an aggregate score for all the semesters.
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Writ Petition (Civil) No. 741 of 2020 –
West Bengal College and University Professors’
Association(WPCUPA) and Anr.Vs. Union of India & Ors.
12. This writ petition has been filed by the West
Bengal College & University Professors’ Association
(WBCUPA) through its President. The petitioners
pleaded that on 27.06.2020 in the State of West
Bengal, all Vice Chancellors and Registrars of the
Universities held a meeting with the Minister and
arrived at a consensus for alternate method of
marking of final semester examination in the State
and decided to declare the result by 31.07.2020. A
memorandum dated 27.06.2020 was issued by the
Government of West Bengal, Department of Higher
Education to the above effect. Petitioners case is
that revised UGC guidelines is in abject
contravention of students’ welfare since by the time
these examinations through special chance will be
conducted most of the Universities have closed their
admission application for postgraduate courses. With
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the continuous spike in COVID19 cases in the entire
country including the State of West Bengal, situation
will not at all be conducive to conduct offline
examination by 30.09.2020. The petitioner also
refers to letter dated 11.07.2020 written by Chief
Minister of West Bengal to Hon’ble Prime Minister
requesting to get the matter reexamined and restore
the earlier advisory of UGC dated 29.04.2020.
Petitioners have also referred to various
representations made by various Universities from
State of West Bengal to UGC to reconsider its
decision to hold examinations. Petitioners in writ
petition has prayed for Mandamus commanding the
respondent No.1 to forthwith rescind and/or cancel
and/or withdraw the letter dated 06.07.2020.
Writ Petition (Civil) No. 745 of 2020 –
Krushna Govind Waghmare and Ors. Vs. University Grant
Commission and Ors.
This writ petition has been filed by five
13.
petitioners, who are final year law students of
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various educational institutions affiliated to
Universities of Maharashtra. Petitioners’ case is
that UGC before issuing the revised guidelines have
not considered the deadly COVID19 pandemic.
Petitioners have also referred to cancellation of Xth
and XIIth examinations by CBSE and ICSE. Petitioners
have prayed for quashing the guidelines dated
06.07.2020 and has further prayed that this Court may
be pleased to grant the benefit of decision dated
19.06.2020 (State of Maharashtra) to the students of
professional courses and necessary directions to the
respondent State may also be issued.
Writ Petition (Civil) No. 794 of 2020 –
Sarthak Mehta and Ors. Vs. University Grants
Commission (UGC) and Ors.
14. This writ petition has been filed by three
petitioners. Petitioner Nos. 1 and 2 are advocates
and petitioner No. 3 is a final year law student
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studying in Pune. Petitioners’ case is that earlier
UGC guidelines dated 29.04.2020 left the decision to
take or not to take the examinations of the students
with the Universities keeping in view the spread of
COVID19 whereas impugned guidelines dated 06.07.2020
have made it compulsory for the Universities to
conduct final year examinations by the end of
September, 2020 irrespective of the spread of COVID
19 in different regions/States. Petitioners’ case is
that impugned guidelines is ultra vires to the
Articles 14 and 21 of the Constitution. Petitioners
have also prayed for quashing the guidelines dated
06.07.2020 and for quashing the O.M. dated 06.07.2020
of Ministry of Human Resource Development and letter
dated 06.07.2020 and it has been further prayed that
result of students be declared on the basis of
previous semester/year performance/internal
evaluation.
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Writ Petition (Civil) No. 814 of 2020 –
Ritesh Anil Mahajan and Ors. Vs. The Maharashtra
State Disaster Management Authority and Ors.
15. This petition has been filed by four petitioners
out of which three are students and fourth petitioner
is member of Senate of University at Jalgaon elected
from the graduate’s constituency. The State Disaster
Management Authority of the State of Maharashtra has
been impleaded as respondent No.1, State of
Maharashtra as respondent No.2 and UGC as respondent
No.3. The petitioners plead that the Ministry of
Higher and Technical Education of the State of
Maharashtra set up a Statelevel Committee headed by
the ViceChancellor, Mumbai University in view of
grave situation created by COVID19 pandemic. The
Committee submitted its report on 06.05.2020
recommending that the final year exams be conducted
between 01.07.2020 to 31.07.2020. The statement of
Chief Minister dated 31.05.2020 has been referred to
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where he declared that no examinations will be
conducted for final year students and all students
will be given marks by averaging the marks obtained
in the previous semester examinations. The State
Disaster Management Authority in its meeting dated
18.06.2020 took various decisions resolving that
taking into consideration the state of COVID19 in
the State of Maharashtra, examination of final year
professional courses cannot be arranged. With regard
to nonprofessional courses, decision was also taken
for declaring their result as per decision taken in
the meeting. The State of Maharashtra issued a
resolution dated 19.06.2020 regarding non
professional and professional courses, the
methodology for declaring the result. The
petitioners are challenging the decision taken by
State Disaster Management Authority dated 18.06.2020
as well as the resolution of the State of Maharashtra
dated 19.06.2020 and have prayed for setting aside
the aforesaid two decisions.
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Writ Petition (Civil) No. 861 of 2020 –
Souvik Pal Vs. The State of West Bengal
16. This petition has been filed by a final year
B.Sc. student studying in a College of State
University of West Bengal. The petitioner is
challenging the decision dated 27.06.2020 issued by
State Government of West Bengal regarding the
undergraduate and postgraduate examinations, 2020.
The State of West Bengal vide its decision dated
27.06.2020 issued an advisory to the effect that for
the evaluation of students in terminal semester
/final year of the General Degree courses at
undergraduate/postgraduate level, 80% weightage shall
be given to the best aggregate percentage obtained by
the candidate in any of the previous
semesters’/years’ results and 20% to internal
assessment during the current semester/year as
adopted by the university. The petitioner in the
writ petition has prayed for quashing the order dated
27.06.2020 and also prayed for a direction to the
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State of West Bengal and State Universities to comply
with the UGC’s revised guidelines dated 06.07.2020,
O.M. of Ministry of HRD dated 06.07.2020 and UGC’s
letter dated 08.07.2020.
Writ Petition (Civil) No. 862 of 2020 –
Kalicharam Gajbhiye and Anr. Vs. The Maharashtra
State Disaster Management Authority and Ors.
17. This writ petition has been filed by two
students, who are studying in a University in the
State of Maharashtra. Petitioners have challenged the
decision dated 18.06.2020 of the Maharashtra State
Disaster Management Authority as well as the decision
of the Government of Maharashtra dated 19.06.2020 and
subsequent decision dated 13.07.2020 of the
Maharashtra State Disaster Management Authority and
further prayer was made that State of Maharashtra and
State Universities therein be requested to comply
with the UGC’s revised guidelines dated 06.07.2020,
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O.M. of HRD Ministry dated 06.07.2020 and UGC’s
letter dated 08.07.2020.
SLP(C)No.10042(Diary No. 15056) of 2020 –
Kajal Mishra and Ors. Vs. Union of India and Ors.
18. This special leave petition has been filed by six
petitioners challenging the judgment and common order
dated 14.07.2020of the Division Bench of High Court
of Delhi in Writ Petition (C) No. 3199 of 2020 –
Prateek Sharma and Anr. Vs. Union of India and Anr.
with other connected writ petitions. The petitioners
were not party in the writ petition before the High
Court. The High Court in its order dated 14.07.2020
noticed that entire scheme of examination has to be
worked out afresh by the Delhi University and dates
for conducting examinations of various undergraduate
courses to be finalized. The Delhi High Court
directed the University to issue a notification at
the earliest placing on the record the revised
schedule of the examination. The writ petition
29
before the Delhi High Court is still pending and in
pursuance of order dated 14.07.2020 the examinations
in Open Book Examination (OBE) mode had already
commenced. Petitioners’ case is that in batch of
writ petitions filed in the Delhi High Court, the
conduct of examination by online mode was also
challenged. The petitioners plead that other
Universities are evaluating their final year students
through internal assessment and the students of Delhi
University shall be deprived of the equal opportunity
in respect of admission and post graduate employment
opportunities etc.
19. In the writ petitions although no formal notice
was issued but, in all writ petitions the respondents
have appeared through counsel(except W.P.No.739 of
2020). In Writ Petition No.739 of 2020 all the States
and Union Territories were impleaded as respondents
in addition to University Grants Commission as
respondent No.1, Ministry of Human Resource
30
Development, respondent No.2, Ministry of Home
Affairs, respondent No.3. The State of Maharashtra
and NCT of Delhi appeared through their counsel and
filed affidavits. The State of Orissa has also
appeared through its Advocate General. We have not
issued notice to all the States who were impleaded in
Writ Petition No.739 of 2020. The State of
Maharashtra, State of West Bengal, NCT of Delhi and
State of Orissa have sufficiently presented the stand
of the States and Union Territories. The above
States/UTs have communicated the Ministry of Home
Affairs, Government of India that they are unable to
hold the examination due to spread of COVID19.
Before us the cause of States, power of States and
States’ Disaster Management Authority have been
sufficiently represented. We are, thus, of the view
that for deciding this batch of cases it is not
necessary to issue notice to all the States and Union
Territories and the issues raised can be decided
after hearing the respondents, Ministry of Human
31
Resource Development, Ministry of Home Affairs,
Government of India, State of Maharashtra, State of
West Bengal, NCT of Delhi and State of Orissa. We,
thus, proceed to consider the submissions raised to
decide the matter on merits.
20. As indicated above in Writ Petition No.724 of
2020 pleadings are complete and in Writ Petition
No.739 of 2020 convenience compilation in two volumes
has been filed by the learned counsel for the
petitioners. It shall be sufficient to refer the
pleadings in Writ Petition No.724 of 2020 and
convenience compilations for deciding all the issues
raised before us.
21. For the writ petitioners, we have heard Dr.
Abhishek Manu Singhvi, Senior Advocate, Shri Shyam
Divan, Senior Advocate, Shri Jaideep Gupta, Senior
Advocate, Shri Vinay Navare, Senior Advocate, Shri
32
Kishore Lambat, Shri Alakh Alok Srivastava and other
learned counsel.
22. We have heard Shri Tushar Mehta, learned
solicitor General for University Grants Commission.
We have heard Shri Arvind Datar, learned senior
counsel for the State of Maharashtra, Shri K.V.
Vishwanathan, learned senior counsel for the
Government of NCT of Delhi, Shri Ashok Parija,
AdvocateGeneral, for the State of Odisha, Shri
Kishore Dutta, learned Advocate General for the State
of West Bengal. Ms. Meenakshi Arora, learned senior
counsel has appeared for the petitioner in
SLP(C)Diary No.15056 of 2020.
23. Dr. Abhishek Manu Singhvi appearing for the
petitioner in Writ Petitioner in W.P.(C)No.746 of
2020 submits that revised UGC Guidelines dated
06.07.2020 are in complete disagreement and have been
issued in complete disregard with the earlier
33
guidelines dated 29.04.2020. The guidelines dated
29.04.2020 were advisory in nature and provided
flexibility to the Universities to implement the
guidelines in the best interest of students. The
guidelines provided that in case the pandemic
situation does not normalise the grading can be on
the basis of internal evaluation and past performance
of the student. Various State Governments including
State of Maharashtra, State of West Bengal, NCT of
Delhi and other States have expressed their inability
to organise the examination in the wake of increase
in COVID cases in the respective States. The deadline
of 30.09.2020 is unrealistic and unattainable. The
most of the Colleges/Universities/ Institutions have
been converted into COVID Health Care Centres.
Therefore, conducting of exams through offline mode
will entail a huge risk of transmission of virus, it
will be absolutely unjust to neglect the problems of
adopting uniform online mode of exams and also the
infrastructural disparities. The office memorandum
34
issued by the Ministry of Human Resource Development
dated 06.07.2020 is itself flawed and in complete
disregard to the Ministry of Home Affairs guidelines
dated 29.07.2020, which provide that in areas outside
the Containment Zones, all activities will be
permitted, except the Schools, Colleges, Educational
and Coaching Institutions will remain closed till
31.08.2020. Section 72 of the Disaster Management
Act, 2005 provides that decisions taken and orders
issued thereunder will have overriding effect. If a
decision is taken by the appropriate authority under
Act, 2005 regarding nonholding of examination, the
same will operate and hold the field despite the
provisions of the UGC Act. Section 12 of the UGC Act
mandates that guidelines need to be framed in
consultation with the Universities. All Universities
were not consulted before issuing the impugned
guidelines.
35
24. Dr. Singhvi has also referred to and relied on
the decision taken on 13.07.2020 by the State
Disaster Management Authority of the State of
Maharashtra where decision was taken not to conduct
the examination in the current circumstances. Dr.
Singhvi submits that right to life and health is the
right guaranteed under Article 21 of the
Constitution. Conducting of the examination involves
huge amount of travel, huge use of public transport
which are not possible in the present state of
affairs in the various States including the State of
Maharashtra. The present pandemic is a special
situation which is state neutral. The University
Grants Commission Act and the guidelines framed
thereunder shall not have overriding effect on the
action under the Act, 2005. The Disaster Management
Act being a latter and special Act shall operate. He
further submits that the guidelines dated 06.07.2020
are manifestly arbitrary and liable to be set aside
on this ground alone.
36
25. Shri Shyam Divan, learned senior counsel,
appearing for the petitioner in Writ Petition No.739
of 2020 submits that to elevate human life,
fundamental norms have been engrafted in the regime
of Disaster Management Act. There are decentralized
units which may apply structured standard. He submits
that students, teachers and their respective families
are all homogeneous groups, they cannot be treated
differently for the purpose of conducting final
year/terminal semester exams by the UGC. Shri Divan,
learned counsel for the petitioner referring to the
Ministry of Home Affairs order dated 15.04.2020
contends that prohibited activities included “all
educational, training, coaching institutions etc.
shall remain closed”. He submits that the said
prohibition is still continued and is operating till
31.08.2020 which does not permit holding of any exam.
Referring to the earlier guidelines dated 29.04.2020,
Shri Divan submits that the guidelines were advisory
37
in nature and there was flexibility at local level in
the guidelines whereas the revised guidelines dated
06.07.2020 makes it compulsory to complete
examination before 30.09.2020. Revised guidelines
disregard the health factor. There is no statement in
the revised guidelines that COVID19 situation has
improved.
26. Reverting to the Disaster Management Act, Shri
Divan submits that disaster is still continuing, the
State authorities under Disaster Management Act are
equally empowered to take measures. Shri Divan
further submits that letter issued by Ministry of
Home Affairs permitting holding of examination cannot
supersede the statutory provisions. There are issues
of lack of appropriate infrastructure for conducting
online examination, the impugned guidelines violate
the right of students and their families. The
guidelines are impractical and unclear. The order
issued under the Disaster Management Act shall
override the revised guidelines dated 06.07.2020. The
38
revised guidelines are manifestly arbitrary,
inappropriate and violative of Articles 14 and 21 of
the Constitution of India. The writ petitioner is an
organisation which works towards the betterment of
educational facilities for the students of India. The
petitioner has written to Ministry of Human Resource
Development on 07.07.2020 praying to reconsider the
revised guidelines issued by the Ministry.
27. Shri Arvind Datar, learned senior counsel
appearing for the State of Maharashtra, submits that
UGC has no legislative competence with regard to
conduct of examination. It is submitted that revised
guidelines have been issued under University Grants
Commission Act, 1956 which is referable to Entry 66
of List I of the Seventh Schedule of the
Constitution, which is confined to “coordination and
determination of standards”. Shri Datar placed
reliance on the Constitution Bench judgment of this
Court in Modern Dental College and Research Centre
39
and others vs. State of Madhya Pradesh and others,
(2016) 7 SCC 353 . Shri Datar submits that UGC can lay
down only the qualification. Shri Datar submits that
not holding final examination and awarding Degree on
the basis of earlier semester’s performance is not
diluting the standards of education in any manner.
The students have completed five semesters (in the
State of Maharashtra) by March, 2020 and for final
semester internal assessment is also over, hence, the
students could have been promoted on the basis of
earlier assessments and there is nothing arbitrary in
giving Degree to the students on the basis of earlier
results. The directions of UGC to hold examination by
30.09.2020 is completely beyond the power of UGC.
Revised guidelines do not take into consideration the
different situations of different States. In the
State of Maharashtra situation is grave in view of
phenomenal increase in the COVID19 cases. The
University Grants Commission cannot fix the date for
holding examination. In the city of Pune itself which
40
is the hub of the education more than half of the
students have left for their home and hostels have
been vacated. There are about 7.35 lacs non
professional and 2.84 lacs are professional students,
public transport being not in operation it is
difficult for the students to reach at the
examination centres. Revised guidelines issued by the
UGC are violative of Article 14 because they apply
throughout the India and give one fix date, i.e.,
30.09.2020 irrespective of the conditions prevailing
in the State.
28. Shri Datar further submits that guidelines are
violative of Section 12 of the University Grants
Commission Act, 1956. Section 12 requires
consultation with various Universities and other
bodies. Other bodies shall include State Disaster
Management Authority. There has been no consultation
as per Section 12. The State of Maharashtra was not
consulted before issuing the revised guidelines, the
41
guidelines are, thus, not in accordance with Section
12. Shri Datar submits that provisions of Disaster
Management Act will have overriding effect. He placed
reliance on Section 72 of the Act, 2005. Section 72
shall override not only the provisions of Maharashtra
University Act but also University Grants Commission
Act, 1956 and also the decision taken and orders
issued under Act, 1956. In the circumstances decision
taken by the State Disaster Management Authority in
the State of Maharashtra in not holding examination
shall operate and hold the field despite the
provisions of UGC Act and the revised guidelines.
Shri Datar has also referred to Section 18 and 24 of
Act, 2005 and submits that earlier Guidelines dated
29.04.2020 were advisery in nature. Shri Datar has
also referred to UGC (Minimum Standards of
Instruction for the Grant of the First Degree through
Formal Education) Regulations, 2003. The proposal of
Maharashtra Government to grant Degree on the basis
of first five semesters and internal assessment is in
42
accordance with Regulations, 2003. Shri Datar has
referred to and relied on the Government Resolution
dated 19.06.2020 as well as the decision dated
18.06.2020 of State Disaster Management Authority.
29. Shri Ashok Parija, learned Advocate General for
the State of Odisha adopts the submission of Shri
Arvind Datar. He submits that it is not possible to
hold the final examination by 30.09.2020. Shri Parija
submits that there are several reasons which make it
impossible to take physical examination in the
present scenario. The public transport is not
functioning, Schools and Colleges are closed from
25.03.2020 and students have gone back to their
native places. Several Colleges are presently being
used by the District Administrations as Quarantine
Centres, COVID Care Home, COVID Care Centre, COVID
Care Hospital, etc. COVID19 infection is spreading
rapidly in the State of Odisha. It is not feasible to
conduct online examination also since most of the
43
students belong to the lower and medium income group
and do not have desktop or laptop or decent smart
phone at home. The Minister, Ministry of Higher
Education, Government of Odisha has issued
instructions for adopting alternative procedure for
undergraduate or postgraduate final year or final
semester students which is in consonance with UGC
guidelines dated 29.04.2020. To await indefinitely
for conducting of examination shall delay the
academic calendar.
30. Shri Jaideep Gupta, learned senior counsel
appearing for the petitioner in Writ Petition No.741
of 2020 submits that on 27.06.2020 an advisory was
issued by the State of Bengal to the effect that
students in terminal semester/final year of the
General Degree courses at underGraduate/post
Graduate level, 80% weightage should be considered on
the basis of the best aggregate percentage obtained
by the candidates in any of the previous
44
semesters’/years’ results and 20% on internal
assessment during the current semester/year. The
result of final year/semester would be declared by
31.07.2020.
31. Shri Gupta submits that UGC guidelines dated
06.07.2020 is not a statutory document but it is an
executive instruction. He submits that it is
unreasonable to direct the State to hold the
examination by 30.09.2020. He submits that in the
State of West Bengal most of the Universities are not
the Campus University but a large number of Colleges
are affiliated and local trains and metros are not
working. Several districts are also affected by Super
Cyclone Amphan. He submitted that no physical
examination is possible in the State of West Bengal.
There is lack of digital infrastructure. The
guidelines are violative of Section 12 of Act, 1956
since relevant fact is not taken into consideration.
45
Section 12 of the UGC Act requires consultation which
means effective consultation.
32. Shri Kishore Dutta, learned Advocate General, has
appeared for the State of West Bengal. Shri Dutta
submits that UGC has not taken into consideration the
pandemic. He submits that public health has to be
taken into consideration. He has also referred to
Article 39(e),41, 45, 46 and 47 of the Constitution
of India. He submits that every State has peculiar
problems and UGC could not have taken a decision
without consulting the States.
33. Shri K.V. Vishwanathan, learned senior counsel
for NCT of Delhi submits that on 11.07.2020, Deputy
Chief Minister wrote that because of pandemic,
examination cannot be held. He submits that online
infrastructure was also not sufficient. Shri
th
Vishwanathan submits that Entry 66 of List I of 7
Schedule has no role to play. The students have no
46
access to the books, online has its own shortcomings.
The guidelines dated 29.04.2020 were only advisory
and now guidelines dated 06.07.2020 have been made
compulsory. He submits that guidelines dated
06.07.2020 has no statutory force. Shri Vishwanathan
submits that there is no rational distinction between
prefinal or final examination and it is easier to
evolve mechanism for final examination. Shri
Vishwanathan submits that this Court may consider for
appointing an independent commission for exploring
the solution.
34. Shri Alakh Alok Srivastava, counsel appearing for
the petitioner submits that guidelines dated
06.07.2020 have been issued in violation of Section
12. He submits that words “other bodies” occurring in
Section 12 means health experts also. He submits that
there was no panIndia consultation before issuing
guidelines. He further submits that the guidelines
issued under Section 12 are only advisory. Referring
47
to Section 14 of UGC Act, he submits that UGC has
right only to stop the grant. He submits that Section
22 right of conferring or granting degrees shall be
exercised only by a University, who is authorised to
confer the Degrees.
35. Referring to Regulation 6.3 of Regulation 6 of
2003 Regulations, Shri Srivastava submits that nature
of final examination, whether written or oral or
both, in respect of each course, ought to have been
made known to the students at the beginning of the
academic session. He submits that there is violation
of Article 14 of the Constitution. Shri Srivastava
has submitted that criteria as suggested by the State
of Madhya Pradesh which is at page 463 of the
compilation Volume II should be accepted and
necessary direction be issued accordingly.
36. Shri Kishor Lambat, counsel appearing in Writ
Petition No.745 of 2020 submitted that when not even
48
50% syllabus is complete how the examination can be
held. The Bar Council of India has resolved to
postpone the All India Bar Examination keeping in
view the present pandemic. UGC has not taken opinions
and advice of relevant bodies. Online examination is
not feasible in the present situation.
37. Ms. Meenakshi Arora, learned senior counsel
appearing in SLP, filed against the order of the
Delhi High Court contends that present system of
online examination does not provide a level playing
field, left over students will be given chance, it
will delay the whole process. She submitted that
Delhi High Court in issuing impugned order dated
14.07.2020 has not considered the challenges to the
online examination. She further does not dispute that
in pursuance of the impugned direction of the Delhi
High Court online examinations have commenced by the
Delhi University.
49
38. Shri P.S. Narasimha has appeared for the writ
petitioners, the students, who prayed for the
enforcement of UGC guidelines dated 06.07.2020. He
submits that majority of students want examination to
be held. He submits that underGraduate Degree is
minimum qualification for various employment and the
final examination when takes place then students are
granted the Degree which is most relevant for grading
the students. Final evaluation for the students who
want to go abroad is necessary. The students must
have chance to improve in final year examination.
Shri Narasimha submits that University has time to
cope with the health situation. He submits that in
the pandemic life has to go on, thus, methods have to
be found. The methodology of evaluation is a part of
standard of education which is in the domain of the
UGC. He submits that conduct of final examination is
necessary.
50
39. Shri Vinay Navare, learned senior counsel who
appears for the writ petitioners who have challenged
the decision of the State Disaster Management
Authority of the State of Maharashtra and have prayed
for enforcement of the guidelines dated 06.07.2020
submits that holding of examination is legal, ethical
and academic. He submits that the students saying for
conferring the Degree without holding examination
should not be heard under Article 32. The State
Government cannot say that examination be not held.
He submits that earlier in the State of Maharashtra
Vice Chancellors have taken a decision to hold final
year examination which was made a political issue by
Yuva Sena. He submits that there is no power in the
State in deciding that Degree be given without
examination. He submits that the State has no power
to issue any direction not to conduct any
examination. Shri Navare, however, has fairly
submitted that the date 30.09.2020 has to be
moderated in the peculiar situation of a State.
51
40. Shri Tushar Mehta, learned Solicitor General
appearing for University Grants Commission submits
that judicial review of the guidelines of the UGC
dated 06.07.2020 is permissible only on limited
grounds. He submits that there are no sufficient
grounds to grant judicial review to the decision of
the UGC. He has referred to UGC guidelines dated
29.04.2020 and submitted that the schedule of
conducting of examination was already mentioned in
the guidelines. He submitted that the State level
committee founded by the Minister, Higher Technical
Education for Government of Maharashtra has submitted
report dated 06.05.2020 where it was recommended that
final examination be held. He submits that the State
has also accepted the above recommendations.
Referring to 06.07.2020 decision of Ministry of Home
Affairs, Shri Mehta submits that if authority has
power to do something, the form is not material. He
submits that under UGC guidelines dated 06.07.2020
52
only final year examinations have to be held which is
a reasonable recommendation and there being option of
offline, online and hybrid mode, the reasonable
flexibility was provided, sufficient time was also
given in the guidelines dated 06.07.2020 for
conducting the examination and under the guidelines
an opportunity was given to any student who fails to
appear, to sit in special examination even after
30.09.2020 which was reasonable and protected the
interest of the students. He submits that the order
dated 06.07.2020 issued by Ministry of Human Resource
Development, guidelines for conducting examination
were issued after application of mind and due
consideration of ground situation. The standard
operating procedures for conducting examination were
vetted by the Ministry of Family Health and Welfare.
The date 30.09.2020 was fixed for completion of
examination in the larger interest of the students to
take care of the future prospects of the students.
Referring to the order dated 29.07.2020 issued by the
53
Ministry of Home Affairs, Government of India and the
guidelines providing that any area outside the
containment zone, School, Colleges and Coaching
Institutions shall remain closed till 31.08.2020, he
submit that it could not come in the way of
conducting examination since the Ministry of Home
Affairs have already granted exemption for
conducting the examination despite the closure of
Schools, Colleges and Coaching Institutions. Shri
Mehta submits that there are large number of
Universities in the entire country who have conducted
their examinations and several Universities are
proceeding with the holding of the examination. It is
only the few States who have not conducted the
examination. Shri Mehta submits that University
th
Grants Act is referable to Entry 66 List I of 7
Schedule and no contrary decision of the State can
stand in its way. Referring to Regulations, 2003,
Shri Mehta submits that as per Regulations which are
statutory, the Universities are obliged to adopt the
54
guidelines issued by the UGC. Referring to the
decisions of Ministry of Home Affairs, Shri Mehta
submits that in the case of National disaster, Centre
has taken care of and in the given set of facts the
State can give suggestion to change the schedule i.e.
change the deadline to hold the examination i.e.
30.09.2020. He submits that deadline was issued in
the interest of the students.
41. For the Union of India Shri S.V. Raju, learned
Additional Solicitor General has appeared. Shri Raju
submits that under the guidelines issued along with
the order of the Government of India, Ministry of
Home Affairs which prohibited opening of Schools,
Colleges and Institutions till 31.08.2020, there is
no prohibition in any manner in conduct of the
examination. He submits that closure of the Schools,
Colleges and Institutions has nothing to do with the
conduct of the examinations and normally final
examinations are conducted only after teaching is
55
over i.e. after Colleges are closed. He further
submitted that it is not necessary that the
examination must be held where teaching is imparted
or where attendance took place. It can also take
place in hall unconnected with the Schools, Colleges
and Institutions where the teaching was imparted. He
submits that the Ministry of Home Affairs has duly
examined the request of Ministry of Human Resource
Development and respondent on 06.07.2020, taking into
consideration the academic interest of large number
of students it was decided to permit the conduct of
final examinations.
42. Learned counsel for the parties have referred to
and relied on several judgments of this Court which
shall be referred to while considering the
submissions of the parties.
56
43. We have considered the submissions of the learned
counsel for the parties and perused the material on
record.
44. From the submissions of the parties following
issues arise for consideration:
(1) Whether the revised guidelines dated
06.07.2020 requiring the Universities to
complete terminal semester/final year
examination by 30.09.2020 is beyond the
domain of the UGC and does not relate to
“coordination and determination of
standards in institution of higher
education”?
(2) Whether the revised guidelines dated
06.07.2020 issued by the UGC are non
statutory, advisory only and contrary to
earlier guidelines dated 29.04.2020?
57
(3) Whether the UGC guidelines dated
06.07.2020 are violative of Article 14 of
the Constitution of India?
(4) Whether the UGC guidelines dated
06.07.2020 are violative of Article 21 of
the Constitution of India and the guidelines
have been issued disregarding the pandemic
COVID19?
(5) Whether the guidelines of the UGC dated
06.07.2020 are liable to be set aside on the
ground of noncompliance of Section 12 of
UGC Act, 1956?
(6) Whether the State and State’s Disaster
Management Authority in exercise of
jurisdiction under Disaster Management Act,
2005 can take a decision not to hold
examination by 30.09.2020 disregarding the
direction in the UGC guidelines dated
06.07.2020?
58
(7) Whether the State or State Disaster
Management Authority, in exercise of
jurisdiction under Act, 2005, can take a
decision to award degrees to final
year/final semester students by promoting
them on the basis of criteria of assessment
formulated by the State/Universities on the
result of previous semesters/exams and
internal assessment of final year/terminal
semester in disregard to the guidelines
dated 06.07.2020 which require holding of
examination of final year/terminal semester
by 30.09.2020?
Issue No.1
45. We, in the present batch of cases are concerned
with examinations by the Universities and the degrees
to be conferred to graduates and postgraduates. A
University is an institution of higher education.
Education plays a very significant role in
59
development of personality of an individual as well
as in the progress and development of a country.
After independence of our country, looking to the
pivotal role of higher education, the Government of
India constituted a Commission known as “University
Education Commission” with Dr. S. Radhakrishnan as
Chairman. The Commission submitted a report, which
mentioned “Universities as the organs of
Civilisation”. The report emphasised on the need for
higher standards in Universities dealing with
standards of teaching and examinations. The
Commission recorded its views in the following
words:
“ The need for High Standards .
Introduction It is the primary duty of
a university to maintain the highest
standards of its teaching and examinations.
A university is a place of higher education
where the personality and capacities of the
students are developed to the utmost by
teachers who should themselves be at work
at the frontiers of knowledge in their
respective fields. The success of a
university is to be judged as much by the
type of graduate it turns out as by the
60
amount and quality of research contributed
by its teachers and research students. It
must be clearly recognized that there is no
conflict involved between the twofold
function of a university to educate its
members and to advance the frontiers of
knowledge the two functions are, in fact,
complementary. Unless high standards of
teaching and examinations are maintained,
research will suffer, since research can
continue uninterruptedly only if there is a
regular supply of graduates well prepared
by general education for specialized
research work. On the other hand, if
research is neglected by teachers, their
teaching will lack vitality and will
rapidly become stale. A degree must always
be what a university makes it by the kind
of teaching it imparts and the type of
intellectual and social life it provides
for its members. If our universities are to
be the makers of future leaders of thought
and action in the country, as they should
be, our degrees must connote a high
standard of scholarly achievement in our
graduates.”
46. The Parliament enacted the University Grants
Commission Act, 1956 (hereinafter referred to as “UGC
Act, 1956”) to make provision for the coordination
and determination of standards in Universities and
for that purpose to establish a University Grants
Commission. The UGC Act, 1956 is referable to Entry
61
66 of List I of Seventh Schedule of the Constitution
which provides as under:
“66. Coordination and determination of
standards in institutions for higher
education or research and scientific
and technical institutions.”
47. The education including Universities both in
Government of India Act, 1935 and the Constitution of
India was a State subject. Entry 11 in the State
List prior to Constitution (Fortysecond Amendment)
Act, 1976 provided:
“………Education including Universities,
subject to the provisions of Entries 63,
64, 65 and 66 of List I and Entry 25 of
List III”.
48. By Constitution (Fortysecond Amendment) Act,
1976 w.e.f. 03.01.1977, Entry 11 from List II was
omitted and was transferred and combined with subject
of Entry 25 of List III. Entry 25 List III as after
amendment by Constitution (Fortysecond Amendment)
Act, 1976 is to the following effect:
62
“25. Education, including technical
education, medical education and
universities, subject to the provisions of
entries 63, 64, 65 and 66 of List I;
vocational and technical training of
labour.”
49. Education including university education, thus,
is now a concurrent subject where both State
legislature as well as Parliament have legislative
competence. Entry 11 of List II as existed prior to
Constitution (Fortysecond Amendment) Act, 1976 as
well as Entry 25 of List III is subject to the
provisions of Entry 66 of List I, which is the
Constitutional Scheme delineated by Seventh Schedule
of the Constitution of India. The interplay with
regard to legislation by State referable to earlier
Entry 11 of List II as well as Entry 25 of List III
with that of Entry 66 of List I came for
consideration before this Court in several cases.
The Constitution Bench of this Court in Gujarat
University and Anr. Vs. Shri Krishna Ranganath
Mudholkar and Ors., AIR 1963 SC 703 laid down that
63
although there may be overlapping between a State
Legislation referable to Entry 11 of List II and
Parliament legislation referable to Entry 66 List I
but to the extent of overlapping the power conferred
by Item 66 of List I must prevail over power of the
State. In paragraph 23 of the judgment, the
Constitution Bench Laid down:
“……………………………Use of the expression "subject
to" in item 11 of List II of the Seventh
Schedule clearly indicates that legislation
in respect of excluded matters cannot be
undertaken by the State Legislatures. In
HingirRampur Coal Co. Ltd. Vs. State of
Orissa [1961] 2 SCR 537: (AIR 1961 SC 459),
this Court in considering the import of the
expression "subject to" used in an entry in
List II, in relation to an entry in List I
observed that to the extent of the
restriction imposed by the use of the
expression "subject to" in an entry in List
II, the power is taken away from the State
Legislature. Power of the State to
legislate in respect of education including
Universities must to the extent to which it
is entrusted to the Union Parliament,
whether such power is exercised or not, be
deemed to be restricted…………………………”
64
50. A Constitution Bench of this Court in Dr. Preeti
Srivastava and Anr. Vs. State of M.P. and Ors.,
(1999) 7 SCC 120 had occasion to consider the inter
play between Entry 66 of List I and that of Entry 25
of List III. The Constitution Bench had occasion to
consider a Government order dated 11.10.1994 issued
by the State of Uttar Pradesh where for admission in
Post Graduate Medical Entrance Examination percentage
of 45% marks was fixed for the general category
candidates, cutoff for reserved category candidates,
i.e., Scheduled Castes, Scheduled Tribes etc., was
fixed at 35% and thereafter, by another G.O. dated
31.8.1995 the State of Uttar Pradesh completely did
away with a cutoff percentage of marks in respect of
the reserved category candidates, which was
challenged before this Court. This Court held that
while laying down minimum qualifying marks for
admission to the Post Graduate Courses, it was not
open to the State Government to say that there will
be no minimum qualifying marks for the reserved
65
category candidates in Dr. Sadhna Devi and Ors. Vs.
State of U.P. and Ors., (1997) 3 SCC 90. The State of
U.P. issued an ordinance on 15.01.1997 revising the
minimum qualifying marks for the reserved category
candidates from 35% to 20%, which ordinance was
challenged before this Court by means of writ
petition under Article 32. Similarly, State of
Madhya Pradesh also by Government Order directed the
minimum qualifying marks for the reserved category
candidates be fixed 20% for Scheduled Casts and 15%
for Scheduled Tribes, which was also under challenge.
This court in the above context had occasion to
consider the Regulations framed under the Medical
Council Act, 1956, a Parliamentary legislation, which
Regulation provided standard of qualification for
admission in a medical course. There being conflict
between the criteria fixed by the State of U.P. and
State of M.P. and those fixed by Regulations under
Indian Medical Council Act, the controversy was
66
finally determined by the Constitution Bench, in
paragraph 35, following was laid down:
“35. The legislative competence of the
Parliament and the legislatures of the
States to make laws under Article 246 is
regulated by the VIIth Schedule to the
Constitution. In the VIIth Schedule as
originally in force. Entry 11 of ListII
gave to the States an exclusive power to
legislate on
"education including
universities subject to the
provisions of retries 63, 64, 65 and
66 of ListI and Entry 25 of List
III".
Entry 11 of ListII was deleted and
Entry 25 of ListIII was amended with
effect from 311976 as a result of the
Constitution 42nd Amendment Act of 1976.
The present Entry 25 in the Concurrent List
is as follows:
“25. Education, including
technical education, medical
education and universities, subject
to the provisions of entries 63, 64,
65 and 66 listI: vocational and
technical training of labour.”
Entry 25 is subject, inter alia, to
Entry 66 of ListI. Entry 66 of ListI is
as follows :
“66. Coordination and
determination of standards in
67
institutions for higher education or
research and scientific and
technical institutions.”
Both the Union as well as the States
have the power to legislate on education
including medical education, subject, inter
alia, to Entry 66 of ListI which deals
with laying down standards in institutions
for higher education or research and
scientific and technical institutions as
also coordination of such standards. A
State has, therefore, the right to control
education including medical education so
long as the field is not occupied by any
Union Legislation. Secondly, the State
cannot, while controlling education in the
State, impinge on standards in intuitions
for higher education. Because this is
exclusively within the purview of the Union
Government. Therefore, while prescribing
the criteria for admission to the
institutions for higher education including
higher medical education, the State cannot
adversely affect the standards laid down by
the Union of India under Entry 66 of List
I. Secondly, while considering the cases on
the subject it is also necessary to
remember that from 1977 education
including, inter alia, medical and
university education, is now in the
Concurrent List so that the Union can
legislate on admission criteria also. If it
does so, the State will not be able to
legislate in this field, except as provided
in Article 254.”
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51. Constitution Bench had also occasion to elaborate
on different aspects of “standards of education”.
This Court held that the standards of examination is
also one of the relevant factor in standards of
education. In paragraph 36, following has been laid
down:
“ 36. It would not be correct to say
that the norms for admission have no
connection with the standard of education,
or that the rules for admission are covered
only by Entry 25 of ListIII. Norms of
admission can have a direct impact on the
standards of education. Of course, there
can be rules for admission which are
consistent with or do not affect adversely
the standards of education prescribed by
the Union in exercise of powers under Entry
66 of ListI. For example, a State may, for
admission to the postgraduate medical
courses, lay down qualifications in
addition to those prescribed under Entry 66
of ListI. This would be consistent with
promoting higher standards for admission to
the higher educational courses. But any
lowering of the norms laid down can, and do
have an adverse affect on the standards of
education in the institutes of higher
education. Standards of education in an
institution or college depend on various
factors. Some of these are :
(1) The calibre of the teaching staff;
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(2) A proper syllabus designed to
achieve a high level of education in the
given span of time;
(3) The studentteacher ratio;
(4) The ratio between the students and
the hospital beds available to each
student;
(5) The calibre of the students
admitted to the institution;
(6) Equipment and laboratory
facilities, or hospital facilities for
training in the case of medical colleges;
(7) Adequate accommodation for the
college and the attached hospital; and
(8) The standard of examinations held
including the manner in which the papers
are set and examined and the clinical
performance is judged.”
52. A Three Judge Bench of this Court had occasion to
consider all legislative entries pertaining to
education including University education in Professor
Yashpal and Anr. Vs. State of Chhattisgarh and Ors.,
(2005) 5 SCC 420 . This court laid down following in
paragraphs 33, 34 and 35:
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“ 33. The consistent and settled view of
this Court, therefore, is that in spite of
incorporation of Universities as a
legislative head being in the State List,
the whole gamut of the University which
will include teaching, quality of education
being imparted, curriculum, standard of
examination and evaluation and also
research activity being carried on will not
come within the purview of the State
legislature on account of a specific Entry
on co ordination and determination of
standards in institutions for higher
education or research and scientific and
technical education being in the Union List
for which the Parliament alone is
competent. It is the responsibility of the
Parliament to ensure that proper standards
are maintained in institutions for higher
education or research throughout the
country and also uniformity in standards is
maintained.
34. In order to achieve the aforesaid
purpose, the Parliament has enacted the
University Grants Commission Act. First
para of the Statement of Objects and
Reasons of the University Grants Commission
Act, 1956 (for short "UGC Act") is
illustrative and consequently it is being
reproduced below :
"The Constitution of India vests
Parliament with exclusive authority
in regard to 'coordination and
determination of standards in
institutions for higher education or
research and scientific and
technical institutions'. It is
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obvious that neither coordination
nor determination of standards is
possible unless the Central
Government has some voice in the
determination of standards of
teaching and examination in
Universities, both old and new. It
is also necessary to ensure that the
available resources are utilized to
the best possible effect. The
problem has become more acute
recently on account of the tendency
to multiply Universities. The need
for a properly constituted
Commission for determining and
allocating to Universities funds
made available by the Central
Government has also become more
urgent on this account.”
35. In the second para it is said that the
Commission will also have the power to
recommend to any University the measures
necessary for the reform and improvement of
University education and to advise the
University concerned upon the action to be
taken for the purpose of implementing such
recommendation. The Commission will act as
an expert body to advise the Central
Government on problems connected with the
co ordination of facilities and
maintenance of standards in Universities.”
53. In Maa Vaishno Devi Mahila Mahavidyalaya Vs.
,
State of Uttar Pradesh and Ors., (2013) 2 SCC 617
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this Court had occasion to consider the provisions of
National Council for Teacher Education Act, 1993 and
the role of the State and Universities in the above
regard. In paragraph 59, this court held that NCTE
is constituted under the Central Act with the
responsibility of maintaining standard of education
hence the State and Universities cannot lay down any
guideline or policy which would be in conflict with
the Central statute or the standards laid down by the
Central body. In paragraph 59, following has been
laid down:
“ 59. The above enunciated principles
clearly show that the Council is the
authority constituted under the Central Act
with the responsibility of maintaining
education of standards and judging upon the
infrastructure and facilities available
for imparting such professional education.
Its opinion is of utmost importance and
shall take precedence over the views of the
State as well as that of the University.
The concerned Department of the State and
the affiliating University have a role to
play but it is limited in its application.
They cannot lay down any guideline or
policy which would be in conflict with the
Central statute or the standards laid down
by the Central body. State can frame its
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policy for admission to such professional
courses but such policy again has to be in
conformity with the directives issued by
the Central body. In the present cases,
there is not much conflict on this issue,
but it needs to be clarified that while the
State grants its approval, and University
its affiliation, for increased intake of
seats or commencement of a new
course/college, its directions should not
offend and be repugnant to what has been
laid down in the conditions for approval
granted by the Central authority or
Council. What is most important is that all
these authorities have to work ad idem as
they all have a common object to achieve
i.e. of imparting of education properly and
ensuring maintenance of proper standards of
education, examination and infrastructure
for betterment of educational system. Only
if all these authorities work in a
coordinated manner and with cooperation,
will they be able to achieve the very
object for which all these entities exist.”
54. In another judgment of this Court in University
Grants Commission and Anr. Vs. Neha Anil Bobde
(Gadekar), (2013) 10 SCC 519 , the qualifying criteria
fixed by the UGC came for consideration. Bombay High
Court had ruled out that UGC lacked the competence to
fix the aggregate marks as the final qualifying
criteria after the candidates obtained the minimum
74
marks prescribed before the declaration of result of
N.E.T. examination. The judgment of the Bombay High
Court was in appeal before this Court where this
Court categorically laid down that UGC being an
expert body is entrusted with duty to take such steps
as it may think fit for the determination and
maintenance of standards of teaching, examination and
research in the University. In paragraph 22,
following was laid down :
“ 22. We have elaborately referred to
various statutory provisions which would
clearly indicate that the UGC as an expert
body has been entrusted by UGC Act the
general duty to take such steps as it may
think fit for the determination and
maintenance of standards of teaching,
examination and research in Universities.
It is also duty bound to perform such
functions as may be prescribed or as may be
deemed necessary by the Commission for
advancing the cause of higher education in
India. The UGC has also got the power to
define the qualification that should
ordinarily be required for any person to be
appointed to the teaching staff of the
University and to regulate the maintenance
of standards and coordination of work and
faculties in the Universities.”
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55. This Court further held that in academic matters
unless there is a clear statutory violation, this
Court shall keep their hands off since the issues
fall within the domain of the experts. In paragraph
31, following was laid down:
“31. We are of the view that, in
academic matters, unless there is a clear
violation of statutory provisions, the
Regulations or the Notification issued, the
Courts shall keep their hands off since
those issues fall within the domain of the
experts. This Court in University of Mysore
v. C.D. Govinda Rao, AIR 1965 SC 491, Tariq
Islam v. Aligarh Muslim University (2001) 8
SCC 546 and Rajbir Singh Dalal v. Chaudhary
Devi Lal University (2008) 9 SCC 284, has
taken the view that the Court shall not
generally sit in appeal over the opinion
expressed by expert academic bodies and
normally it is wise and safe for the Courts
to leave the decision of academic experts
who are more familiar with the problem they
face, than the Courts generally are. UGC as
an expert body has been entrusted with the
duty to take steps as it may think fit for
the determination and maintenance of
standards of teaching, examination and
research in the University. For attaining
the said standards, it is open to the UGC
to lay down any "qualifying criteria",
which has a rational nexus to the object to
be achieved, that is for maintenance of
standards of teaching, examination and
research. Candidates declared eligible for
76
lectureship may be considered for
appointment as Assistant Professors in
Universities and colleges and the standard
of such a teaching faculty has a direct
nexus with the maintenance of standards of
education to be imparted to the students of
the universities and colleges. UGC has only
implemented the opinion of the Experts by
laying down the qualifying criteria, which
cannot be considered as arbitrary, illegal
or discriminatory or violative of Article
14 of the Constitution of India.”
56. Now, we come to the Revised Guidelines dated
06.07.2020, which is under challenge before us. The
Guidelines dated 06.07.2020 were issued in
continuation to earlier Guidelines dated 29.04.2020.
The Guidelines dated 06.07.2020 provided that
Universities are required to complete the examination
by the end of September, 2020 in offline (pen and
paper)/online / blended (offline and online mode) all
terminal semester/final year examinations 2020. The
Guidelines dated 06.07.2020 intended that it is only
after holding of terminal semester/final year
examination, Universities may proceed to grant
77
degrees. The challenge to Guidelines is on the
ground that Guidelines are beyond the domain of UGC
and does not relate to “coordination and
determination of standards in institution of higher
education”. Undoubtedly, the UGC Act has been
enacted in reference to Entry 66 List I where the
preamble of the Act provides:
“An Act to make provision for the co
ordination and determination of standards
in Universities and for that purpose, to
establish a University Grants Commission.”
57. Section 12 which enumerates the functions of the
Commission provides that it shall be the general duty
of the Commission to take, in consultation with the
Universities or other bodies concerned, all such
steps as it may think fit for the promotion and co
ordination of University education and for the
determination and maintenance of standards of
teaching, examination and research in Universities.
The use of expression “examination” in Section 12
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itself makes it clear that steps taken by the UGC
under Section 12 may relate to the “examination as
well”. In Professor Yashpal (supra) in paragraph 32,
this Court has held that the standards of education
in an institution depends on various factors, one of
which includes “the standard of examinations held
including the manner in which the papers are set and
examined”.
58. The sheet anchor of the argument as stressed by
Shri Arvind P. Datar is the Constitution Bench
judgment of this Court in Modern Dental College and
Research Centre and Ors. Vs. State of Madhya Pradesh
and Ors., (2016) 7 SCC 353. Learned senior counsel
has relied on observation of this Court in paragraph
101. Relevant observation made in paragraph 101 is
as follows:
“101. To our mind, Entry 66 in List I
is a specific Entry having a very specific
and limited scope. It deals with co
ordination and determination of standards
in institution of higher education or
79
research as well as scientific and
technical institutions. The words “co
ordination and determination of standards”
would mean laying down the said standards.
Thus, when it comes to prescribing the
standards for such institutions of higher
learning, exclusive domain is given to the
Union. However, that would not include
conducting of examination, etc. and
admission of students to such institutions
or prescribing the fee in these
institutions of higher education, etc……..”
59. To comprehend the import of the above observation
made by this Court, we need to look into the issue,
which has arisen for consideration in above case. The
enactment, which came for consideration before this
Court in the above case was “Niji Vyavasayik Shikshan
Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka
Nirdharan) Adhiniyam, 2007”. The aforesaid Act, 2007
as well as the Madhya Pradesh Private Medical and
Dental Postgraduate Course Entrance Examination
Rules, 2009 came to be challenged before the High
Court and the High court upheld the provisions of the
Act and Rules, which came to be questioned before
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this Court in Modern Dental College & Research Centre
(supra). The Constitution Bench itself in paragraph
83 of the judgment has noted that the State
enactments does not run foul of any of the existing
central law. Paragraph 83 of the judgment needs to
be quoted, which is to the following effect:
“83. The enactment in question does
not run foul of any of the existing Central
laws. As far as the introduction of a CET
at a national level is concerned, the same
was not enforced during the period of
operation of the State statute. In any
event, there being no Regulations regarding
fixation or determination of fees of these
institutions to ensure that the same does
not allow commercialisation or
profiteering, the State Legislature was
well competent to enact provisions
regarding the same.”
60. The issue, which was raised before the
Constitution Bench was whether the subject matter of
admissions was covered exclusively by Entry 66 of
List I, thereby the States had no legislative
competence to deal with the subject of admissions or
determination of fee to be charged by professional
81
educational institutions. The said issue has been
noticed in paragraph 98 in following words:
“98. The next issue to be considered is
whether the subjectmatter of admissions
was covered exclusively by List I Entry 66,
thereby the States having no legislative
competence whatsoever to deal with the
subject of admissions or determination of
fee to be charged by professional
educational institutions.”
61. In paragraph 101, the Constitution Bench repelled
the above submission and in the above context the
observations were made “however, that would not
include conducting of examination, etc. and admission
of students to such institutions or prescribing the
fee in these institutions of higher education, etc.”
62. The Constitution Bench in paragraph 101 has used
the expression “not include conducting of examination
etc.” In the present case, there is no claim on
behalf of the UGC that it is the UGC which shall
the examination of the graduate and
conduct
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postgraduate students. The examinations are to be
conducted by the respective Universities only. The
above observations made by Constitution Bench in
paragraph 101 as relied by learned senior counsel for
petitioner, cannot be treated to be laying down any
preposition that University Grants Commission has no
competence to lay down any standards with regard to
examination. We, thus, are of the considered opinion
that the Guidelines dated 06.07.2020 are not beyond
the domain of the UGC and they relate to co
ordination and determination of standards in
institutions of higher education.
Issue No.2
63. The issue consists of two parts, i.e., (i)
whether the Revised Guidelines dated 06.07.2020 are
nonstatutory and advisory only and (ii) the
Guidelines dated 06.07.2020 are contrary to earlier
Guidelines dated 29.04.2020. We may take up the
83
second part first. The Guidelines dated 29.04.2020
were issued with heading “UGC Guidelines on
Examinations and Academic Calendar in view of COVID
19 pandemic and subsequent lockdown”. With regard to
examination of 20192020, several Universities have
conducted examinations full or partial, some of the
Universities were yet to commence their examination.
At the outbreak of pandemic COVID19, the Government
of India, Ministry of Home Affairs issued various
orders and had taken measures to prevent its spread
across the country including lockdown where several
activities were prohibited due to the situation as
developed from the last week of March, 2020. Neither
any teaching could be done in the colleges/
Universities nor any examination could be held for
the months together. Since the examinations could
not be held in the month of March to June, 2020, by
which period usually the examinations of all
Universities are completed and results are declared,
UGC came with Guidelines on Examinations and Academic
84
Calendar for the Universities. The Guidelines begins
with following introduction:
“Introduction
The whole world, including India, is
passing through unprecedented difficult
times due to the outbreak of COVID19
pandemic. As all universities and colleges
are closed due to national lockdown, the
teaching – learning process and research
activities have been badly disrupted. The
schedule of Terminal Semester examinations
has also got disturbed. In such scenario,
it is joint responsibility of all the
stakeholders to manage multiple key issues
relating to academic activities in the
institutions. While it is crucial to follow
measures taken by the Government to contain
the spread of COVID19, it is also
important to continue the educational
process making effective use of technology
and other available options. Future may
have many uncertainties but difficult times
demand quick appropriate decisions. We must
be optimistic that we can reinvent work
again and engage the students in effective
and constructive ways. The University
Grants Commission (UGC) has been engaged
with this issue and contemplating measures
to face the challenge of safeguarding the
interests of the academic fraternity in
general and students in particular.
Confronted with vital issues of
examinations and academic calendar, UGC
constituted an Expert Committee to
deliberate on these issues and make
recommendations to address them.”
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64. The University Grants Commission has constituted
an Expert Committee and it was on the basis of report
submitted by Expert Committee Guidelines dated
29.04.2020 was issued. It is relevant to extract
following portion of the guidelines:
“1. Maintaining the sanctity of
academic expectations and integrity of
examination process, the universities may
adopt alternative and simplified modes and
methods of examinations to complete the
process in shorter period of time in
compliance with CBCS requirements as
prescribed by UGC from time to time. These
may include MCQ/ OMR based examinations,
Open Book Examination, Open Choices,
assignment/ presentationbased assessments
etc.
2. The universities may adopt efficient
and innovative modes of examinations by
reducing the time from 3 hours to 2 hours
assigned to each examination, if need
arises but without compromising the
quality, so that the process may be
completed in multiple shifts and, at the
same time, sanctity to evaluate the
performance of a student is also
maintained.
3. The universities may conduct
Terminal / Intermediate Semester / Year
examinations in offline / online mode, as
per their Ordinances/ Rules and
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Regulations, Scheme of Examinations,
observing the guidelines of “social
distancing” and keeping in view the support
system available with them and ensuring
fair opportunity to all students.
4. Terminal semester / year
examinations for PG/ UG courses/ programmes
may be conducted by universities as
suggested in the academic calendar keeping
in mind the protocols of “social
distancing”.
5. For intermediate semester/year
students, the universities may conduct
examinations, after making a comprehensive
assessment of their level of preparedness,
residential status of the students, status
of COVID19 pandemic spread in different
region / state and other factors.
In case the situation does not appear
to be normal in view of COVID19, in order
to maintain “social distancing”, safety and
health of the students, grading of the
students could be composite of 50% marks on
the basis of the pattern of internal
evaluation adopted by the universities and
the remaining 50% marks can be awarded on
the basis of performance in previous
semester only (if available). The internal
evaluation can be continuous evaluation,
prelims, midsemester, internal assignments
or whatever name is given for student
progression.
In the situations where previous
semester or previous year marks are not
available, particularly in the first year
of annual pattern of examinations, 100%
87
evaluation may be done on the basis of
internal evaluation.
If the student wishes to improve the
grades, he/she may appear in special exams
for such subjects during next semester.
This provision for intermediate
semester examinations is only for the
current academic session (201920) in view
of COVID19 pandemic, while maintaining
safety and health of all the stakeholders
and sanctity and quality of examinations.”
65. The Guidelines also contains academic calendar
suggested for the academic session 20192020 and
dates for conduct of examinations were also suggested
as 01.07.2020 to 31.07.2020. It is true that
Guidelines mentioned that Guidelines are advisory in
nature and each University may chart out its plan of
action taking into consideration the issues
pertaining to pandemic COVID19. A reading of the
Guidelines indicate that ample latitude was given to
the Universities to conduct terminal/intermediate/
semester year examinations in offline and online
mode. The Guidelines, however, cannot be read to
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mean that Guidelines dated 29.04.2020 left it to the
wisdom of the Universities to either conduct terminal
semester/final year examinations or not to conduct,
which is clear from clauses 4 and 5 under the heading
“Examinations”. Clause 4 specifically provides that
terminal semester /final year examinations for PG/ UG
courses/ programmes may be conducted by universities
as suggested in the academic calendar keeping in mind
the protocols of “social distancing”. The academic
calendar, which is part of the Guidelines suggested
the date for start of the examinations as 01.07.2020.
When we read clause 5, the difference between clause
4 and 5 is clear. With regard to intermediate
semester /year students there is express mention that
“In case the situation does not appear to be normal
in view of COVID19, grading of the students could be
composite of 50% marks on the basis of the pattern of
internal evaluation adopted by the universities and
the remaining 50% marks can be awarded on the basis
of performance in previous semester.” But this
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option is not mentioned in clause 4 of the
Guidelines, which referred to terminal semester/final
year examinations. The Guidelines dated 29.04.2020
was issued for a purpose and object with latitude to
the Universities to chart their own plan/course but
the argument cannot be accepted that Universities
were not to follow the Guidelines on the pretext that
it uses the expression “advisory”. The Revised
Guidelines dated 06.07.2020 were issued looking to
the situation that COVID19 cases are still rising
and likely to increase further and as per academic
calendar in the Guidelines dated 29.04.2020, the
examinations were to complete by 31.07.2020. The UGC
requested the Expert Committee to revisit the
Guidelines. The Guidelines dated 06.07.2020 in fact
grant further time requiring the completion of
examination by 30.09.2020. When we look into the
substance of the Guidelines dated 29.04.2020 and
Revised Guidelines dated 06.07.2020, it is clear that
Guidelines dated 06.07.2020 are in continuation to
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the earlier Guidelines and not contrary to the
earlier Guidelines. We have to look into the
substance of the Guidelines and find out the intent
and object of the Guidelines. The Guidelines were
issued with the object that a uniform academic
calendar be followed by all the Universities and
final terminal semester/final year examinations be
held. With regard to intermediate semester/year
examination, the earlier UGC Guidelines dated
29.04.2020 have been continued even in the Revised
Guidelines dated 06.07.2020. We, thus, do not accept
the submission of petitioners that Guidelines dated
06.07.2020 are contrary to the earlier Guidelines.
66. Now, coming to the first part of the issue that
the Guidelines are nonstatutory and advisory only,
it is the case of both the parties that Guidelines
have been issued by the UGC in exercise of power
under Section 12. Section 12 of the Act provides
that it shall be the general duty of the Commission
91
to take all such steps as it may think fit for the
promotion and coordination of University education
and for the determination and maintenance of
standards of teaching, examination and research in
Universities. The words “all such steps” are of wide
import. The steps referred to in Section 12 may
include issuance of guidelines, directions, circulars
etc. The Guidelines dated 06.07.2020 has to be
treated to have been issued in exercise of statutory
powers vested in the Commission under Section 12.
Guidelines issued in exercise of statutory powers,
thus, cannot be said to be nonstatutory. There is
one more reason to hold the Guidelines have statutory
force. The University Grants Commission, in exercise
of power under Section 26 subsection (1) of the Act,
1956 have made the Regulations namely, “the
UGC(Minimum Standards of Instruction for the Grant of
the Master's Degree through Formal
Education)Regulations, 2003” , on which both learned
counsel for the petitioners as well as learned
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counsel for the UGC have placed reliance. Regulation
6, which deals with “examination and evaluation”
contains following regulation as Regulation 6.1:
“6.1 The university shall adopt the
guidelines issued by the UGC and other
statutory bodies concerned from time to
time in respect of conduct of
examinations.“
67. The statutory Regulation, 2003 thus,
categorically requires Universities to adopt the
Guidelines issued by the UGC, hence, it is the
statutory duty of the Universities to adopt the
guidelines issued by the UGC. It is the statutory
obligation of the Universities to adopt the
Guidelines and the Guidelines cannot be ignored by
terming it as nonstatutory or advisory.
Issue No.3
68. The revised guidelines dated 06.07.2020 have been
challenged claiming that it violates Article 14 of
the Constitution. It is submitted that the UGC
93
guidelines discriminate between the students of Final
year and First/Second year. The UGC guidelines have
been termed as unreasonable and arbitrary. It is
further submitted that impugned guidelines failed the
test of Article 14 because they apply throughout
India and one fixed date i.e. 30th September, 2020,
irrespective of the conditions prevailing in the
States/Universities, issuing one deadline results in
unequals being treated equally.
69. The submission is that the impugned guidelines
discriminate between the students of First year and
Final year and carves out one class of students from
homogeneous class; The impugned guidelines are in
continuation to earlier guidelines dated 29.04.2020
and the guidelines dated 29.04.2020 dealt with
terminal semester/ final year examination in clause
four and for intermediate semester/year students in
clause five.
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70. The earlier guidelines provided that the
examination may be conducted, however, an option was
given with regard to intermediate/year students for
their promotion on the basis of internal assessment
and performance in the previous semesters. Holding of
examination for the Final year students was made
necessary by the impugned guidelines. The Final
year/terminal semesters examinations are important
because the learning process is a dynamic interaction
where the only way to figure out what students know
is to seek evidence of their knowledge and to
evaluate it. Performance in examination especially
Final year/terminal semester examination are
reflection of competence of the students. Terminal
semester/Final year examination also provides an
opportunity to the students to improve upon their
overall score/marks which are very crucial for
academic excellence and opportunities of employment.
Final year/terminal semester examination of under
Graduate or postGraduate is an opportunity for
95
student to show his optimum calibre which pave his
future career both in academics and employment. We do
not find any unreasonableness or arbitrariness in the
revised guidelines of University Grants Commission
dated 06.07.2020 which require all Universities/
Collages to conduct at least the final year/terminal
semester examination.
71. The differentiation made by revised guidelines
to hold Final year/ Terminal semester examination has
a rational basis and there is an intelligible
differentia between the student of Final
year/Terminal semester and other students. We thus
reject the challenge on the ground that there is any
hostile discrimination between the students of Final
year/Terminal semester and other students.
72. The further submission that the guidelines
failed the test of Article 14 because they apply
throughout India and being one fixed date i.e.
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30.09.2020 irrespective of the conditions prevailing
in the individual States/Universities also cannot be
accepted. Even the earlier guidelines dated
29.04.2020 provided for an academic calendar which
mentioned 01.07.2020 to 15.07.2020 for conduct of
Terminal semester/Final year examination and
16.07.2020 to 31.07.2020 for Intermediate
semester/year examination. When the academic calendar
is set, fixed dates are always given for uniformity.
The UGC had rightly fixed a date for completion of
the Terminal semester/Final year examination
throughout the country to maintain uniformity in the
academic calendar.
73. The students who look forward for admission in
higher classes or take employment require final
degree for their career prospect and to maintain
uniformity in dates by which final examinations are
over is with the object of students welfare and for
their career and it cannot be said that since uniform
97
date has been fixed by which Terminal semester/ Final
year examination are to be completed, Article 14 has
been violated.
74. Both, the earlier guidelines as well as revised
guidelines have taken due notice of the prevailing
situation of Covid19 and it cannot be said that the
expert body is unaware of Pandemic spread throughout
the Country. The criticism of guidelines that they
are unreasonable does not inspire any confidence.
Following features in the revised guidelines clearly
indicate that expert body took measures in the
interest of the students and their academic career:
(i) The academic calendar provided for in the earlier
guidelines contemplated conduct of examination from
01.07.2020 to 31.07.2020. The revised guidelines
noticed “The number of covid cases are still rising
and likely to increase further…”. The revised
guidelines has granted further time for completion of
examination till end of September, 2020, which was a
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step to facilitate Universities and Colleges to
complete their examination which was a reasonable
step in wake of the Pandemic.
(ii) The guidelines made the conduct of examination
flexible by providing three modes of examination:
(a) Offline (Pen and Paper)
(b) Online
(c) Blended (Online + Offline)
(iii) The revised guidelines also made a provision
of examination through special chance in case a
student of Terminal semester/Final year is unable
to appear in the examination due to any reason.
75. The provision for giving special chance to appear
in examination is also in the interest of the
students to protect those students who due to any
reason are unable to appear in the examination. The
above measures taken in the revised guidelines are
reasonable and the criticism of the guidelines that
99
they are unreasonable and manifestly arbitrary are
without any substance. We thus do not find revised
guidelines to be violative of Article 14 of the
Constitution of India.
ISSUE NO.4
76. The claim of the learned counsel for the
petitioner is that compelling attendance of the
students by holding physical examination in the
present situation of the Pandemic is a violation of
the ‘Right to Life’ under Article 21. It is
contended that lakhs of students, teaching and non
teaching staff will be forced to risk their health
and lives of their family members in event they are
asked to participate in the Final year/ Terminal
examination. The revised guidelines have been issued
totally disregarding the graveness of the present
Pandemic of which the entire country is in its grip.
100
77. There can be no doubt that it is the duty of the
State to take care of the health of its citizens.
The various measures taken by the specified
authorities under the Disaster Management Act, 2005,
are only with the object to contain the Pandemic and
protect the health of citizens of the country. The
criticism of the revised guidelines is that it
ignores the fact that covid cases are still rising
in the different part of the country and the
guidelines had completely disregarded the health of
the students and expose the students, teachers and
nonteaching staff to the risk of contacting virus
during the course of examination.
78. It is relevant to note that the revised
guidelines were issued taking into consideration the
fact that the number of covid cases are still rising
and likely to increase further which fact has been
categorically mentioned in the beginning of the
revised guidelines itself. Further, clause 6 of the
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revised guidelines specifically provides that every
University/Institution has to ensure that it is
prepared in all respect to carry out the academic
activity following necessary protocols, guidelines,
directions, advisories issued by the Central/ State
Government from time to time in view of Covid19.
Clause 6 of the guidelines is as follows:
“6. Notwithstanding the above
guidelines regarding conduct of
examination and commencement of next
academic session, every
university/institution has to ensure
that it is prepared in all respects to
carry out the academic activities
following necessary protocols/
guidelines/ directions/ advisories
issued by the Central/State
Governments and MHRD/UGC from time to
time, in view of COVID19.”
79. The University Grants Commission is conscious of
increasing number of covid cases throughout the
country and as observed above, the revised
guidelines have extended the period for completion
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of examination from 31.07.2020 to 30.09.2020 which
was only due to the reason that due to Pandemic,
Universities/ Colleges may not have been able to
hold the examination. Further specific provisions in
the guidelines that all institutions have to follow
necessary protocols, guidelines, directions,
advisories issued as measures to contain Covid19
makes it clear that there is no intent to protect
the students, teachers, nonteaching staff from the
deadly virus.
80. It is also relevant to note that after issuance
of revised guidelines dated 06.07.2020 OM dated
06.07.2020, Ministry of Human Resource Development
(MHRD), has issued detailed guidelines for conduct
of examination which guidelines were duly vetted by
Ministry of Health and Family Welfare(MoHFW). The
guidelines for conduct of examination were
circulated by University Grants Commission vide its
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letter dated 08.07.2020, “Standard Operating
Procedure for conduct of examination is relevant”
which is quoted as below:
“Standard Operating Procedure for
conduct of Examination
1. The instructions, guidelines and
orders issued by the Central and State
Governments concerning the opening of
educational institutions and safety
and health should be abided by the
universities and colleges. However,
they may develop more stricter
provisions and guidelines, if they
find it necessary,
2. In case there is a restriction on
movements in certain areas,
admit/identity cards issued to the
students should be treated as a pass
for the movement of the students.
State Governments should issue
instructions to all local authorities
to issue movement passes to
invigilators and all personnel engaged
in the conduct of examination.
3. Entire examination centre floors and
walls, doors, gates, should be sprayed
with disinfectant.
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4. Fresh mask and gloves to be used by
exam functionaries after staff
verification is done.
5. Sanitizer bottles should be arranged
at the entry gate, examination rooms,
staff/observer room, etc, and should
be replenished regularly.
6. All liquid handwash bottles should be
replenished in restrooms and entry
gate whenever required.
7. Candidate Seating Area should be
thoroughly sanitised (desk and chair)
after every session.
8. All the washrooms should be cleaned
and disinfected.
9. All door handles, staircase railing,
lift buttons, etc, should be
disinfected.
10. Wheelchairs, if present at the
examination centres, should be
disinfected.
11. All the trash bins should be
cleaned.
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12. Staff verification and self
declaration as suggested below must be
done as soon as they report at the
centre.
a.Exam functionary must
submit self declaration
about health status.
b.Thermo gun temperature
check must be done at staff
entrance point.
c.If any Examination
functionary fails to meet
the selfdeclaration
criteria, or thermo gun
check, he/she will be asked
to leave the examination
centre immediately.
d.Exam functionary needs to
wear the mask and gloves at
all the time.
13. Cleanliness and hygienic conditions
as per safety and health advisories
of the concerned government
departments are to be maintained at
all places.
14. Proper signages, symbols, posters,
etc. should be displayed at
appropriate place to maintain social
distancing.
15. Downloading of ‘Arogya Setu’ App may
be advised for every staff and
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student of the University and
College.
16. Adequate arrangements of thermal
scanners, sanitisers, facemasks and
hand gloves at all entry and exit
points including the reception area.
Wherever possible, students should
be given fresh face masks by the
invigilators in the examination room
itself.
17. Avoid crowding at entry and exit
points.
18. Opening all the gates, of entry and
exit, in case HEIs have more than
one gate.
19. Senior staff should monitor the
entry and exit. There should be
proper markings with at least 2
metre distance where students stand
while waiting for opening of the
college gate. Exit of students
should permitted one by one only.
20. Thermal screening of students,
wearing of face mask, sanitizing of
hands etc. be ensured.
21. The Invigilators, while on duty,
should be continuously wearing mask,
and proper hand gloves.
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22. The students should be asked to
sanitize their hands before and
after signing the Attendance sheet.
23. Students having symptoms of fever,
cough and cold should be either made
to sit in a separate room or given a
chance to appear on another day.
24. Hand washing stations with
facilities of liquid soap should be
made available so that every student
can wash her/his hand frequently.
25. Keeping in view the physical
distancing, institutions should have
adequate rooms capacity to meet the
proper seating arrangement for
examination. Minimum distance
between two students should be 2
metres. Sample seating plan is
annexed.
26. Adequate arrangements for safe
drinking water be made on the
campus.
27. Adequate supply of water in toilets
and for hand washing be ensured.
28. Dustbins must be cleaned and covered
properly.
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29. Proper sanitization of buses, other
transport and official and vehicles
of the institution.
30. At the end of the day
a.Used gloves and masks
should be disposed only in
a pedal push covered bin at
the Examination Centre and
outside the examination
room/hall.
b.Safely dispose off all used
masks and gloves discarded
at the examination centres
or outside the examination
centre in trash bin bags at
suitable place and as per
standard guidelines issued
by health authority.”
81. The Standard operating procedure for conduct
of examination as extracted above make it
abundantly clear that UGC, MHRD, and Ministry of
Health and Family Welfare are fully concerned
with the health of all stakeholders i.e. the
students as well as exam functionaries.
109
82. In view of the above, we are not persuaded
to accept the submissions of the petitioner that
the revised guidelines are violative of Article
21 of the Constitution.
ISSUE NO.5
83. The revised guidelines dated 06.07.2020 have
been challenged on the ground that it has been issued
in the breach of Section 12(1) of the UGC Act, 1956.
The submission is that Section 12(1) mandates that
the Commission in consultation with the Universities
and other bodies concerned shall take all such steps
as it may think fit. It is submitted that before
issuance of the revised guidelines dated 06.07.2020,
the UGC was required to consult all the Universities
and other bodies concerned. The submission is that
the expression ‘other bodies concerned’ used in
Section shall include State Disaster Management
Authority which has been constituted in each state
110
and before issuance of guidelines dated 06.07.2020,
it was obligatory for the UGC to consult the State
Disaster Management Authority. Further submission is
that the expression ‘other bodies’ may also include
health experts and UGC was required to consult health
experts before issuing the revised guidelines. The
UGC having failed to consult the Universities or
other bodies, the guidelines dated 06.07.2020 are in
breach of Section 12 and are liable to set aside on
this ground alone.
84. For appreciating the above challenge raised by
the petitioner, we need to look into the statutory
scheme as delineated by Section 12 of UGC Act, 1956.
Section 12 is part of Chapter III of UGC Act, 1956,
which deals with “Powers and functions of the
Commission”. Section 12 bears the heading “Functions
of the Commission”. Section 12 as relevant is as
follows:
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“ POWERS AND FUNCTIONS OF THE COMMISSION
| Functions 1<br>of the<br>Commission | 2. It shall be the general duty of the<br>Commission to take, in consultation with the<br>Universities or other bodies concerned, all<br>such steps as it may think fit for the<br>promotion and coordination of University<br>education and for the determination and<br>maintenance of standards of teaching,<br>examination and research in Universities,<br>and for the purpose of performing its<br>functions under this Act, the Commission may |
|---|
(a) inquire into the financial needs of Universities;
(b) allocate and disburse, out of the Fund of the
Commission, grants to Universities established or
incorporated by or under a Central Act for the
maintenance and development of such Universities or
for any other general or specified purpose;
(c) allocate and disburse, out of the Fund of the
Commission, such grants to other Universities as it
may deem 1 [necessary or appropriate for the
development of such Universities or for the
maintenance, or development, or both, of any
specified activities of such Universities] or for any
other general or specified purpose:
Provided that in making any grant to any such
University, the Commission shall give due
consideration to the development of the University
112
concerned, its financial needs, the standard attained
by it and the national purposes which it may serve,
[(cc) allocate and disburse out of the Fund
of the Commission, such grants to
institution deemed to be universities in
pursuance of a declaration made by the
Central Government under section 3, as it
may deem necessary, for one or more of the
following purposes, namely:
(i) for maintenance in special cases,
(ii) for development.
(iii) for any other general or specified
purpose;]
[(ccc) establish, in accordance with the
regulations made under this Act,
institutions for providing common
facilities, services and programmes for a
group of universities or for the
universities in general and maintain such
institutions or provide for their
maintenance by allocating and, disbursing
out of the Fund of the Commission such
grants as the Commission may deem
necessary.]
(d) recommend to any University the measures
necessary for the improvement of University education
and advise the University upon the action to be taken
for the purpose of implementing such recommendation;
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(e) advise the Central Government or any State
Government on the allocation of any grants to
Universities for any general or specified purpose out
of the Consolidated Fund of India or the Consolidated
Fund of the State, as the case may be;
(f) advise any authority, if such advice is asked
for, on the establishment of a new University or on
proposals connected with the expansion of the
activities of any University;
(g) advise the Central Government or any State
Government or University on any question which may be
referred to the Commission by the Central Government
or the State Government or the University, as the
case may be;
(h) collect information on all such matters relating
to University education in India and other countries
as it thinks fit and make the same available to any
University;
(i) require a University to furnish it with such
information as may be needed relating to the
financial position of the University or the studies
in the various branches of learning undertaken in
that University, together with all the rules and
regulations relating to the standards of teaching and
examination in that University respecting each of
such branches of learning;
(j) perform such other functions as may be prescribed
or as may be deemed necessary by the Commission for
advancing the cause of higher education in India or
114
as may be incidental or conducive to the discharge of
the above functions.”
85. Section 12 begins with the words “it shall be the
general duty of the commission to take”,...“in
consultation with Universities or other bodies
concerned.” What is the ambit and scope of expression
‘Universities or other bodies concerned’ has fallen
for consideration in the present case. The use of
expression ‘Universities or other bodies concerned’
is for purpose and object which is clear from
subsequent enumerations of functions of the
commission in the Section itself. For example, we may
take functions of the commission as mentioned in sub
clause (d) which provides that the Commission may
recommend to the universities any measures necessary
for the improvement of the university education and
advise the universities upon the action to be taken
for the purpose of implementation of such
recommendation. When we look into this subclause
115
(d), it is clear that the function enumerated in sub
clause is only with regard to a particular university
and for discharge of function by the commission with
regard to subclause (d), it has to consult only the
university concerned.
86. The use of the word ‘Universities or other
bodies concerned’ in the opening part of the Section
has been with a purpose of referring the universities
or other bodies concerned for whom the function has
to be performed by. The enumerations given from
clause (a) to (j) indicate that apart from
universities the function also include advice to the
Central Government or any State Government on
allocation of any grant to the Universities or advise
Central Government or any State Government or any
Universities on any question which may be referred to
the commission by the Central Government or the State
Government. Thus, the expression ‘other bodies’ used
116
in the opening part of the Section is in reference to
other bodies apart from universities enumerated in
Section 12. The expression ‘Universities or other
bodies concerned’ used in the opening part of the
Section cannot be stretched to the meaning which is
now sought to be given by the learned counsel for the
petitioner.
87. The submission that ‘other bodies’ as used in
Section 12 should include State Disaster Management
Authority or health experts is misconceived. Section
12 never contemplated any such “bodies”. Furthermore,
the State Disaster Management Authority came into
existence only after enactment of Disaster Management
Act, 2005, no such concept was there when the UGC
Act, 1956 was enacted. The expression ‘other bodies’
cannot be expanded as contended by the learned
counsel for the petitioner. The use of the word
‘concerned’ after ‘Universities or other bodies’ has
117
specific purpose and meaning. The consultation with
the Universities or other bodies concerned was in
reference to a particular function which was
enumerated in clause (a) to (j) and it has specific
reference and “Universities” or other bodies” were
referred to in the above context. Section 12 cannot
be interpreted in a manner that for taking any
measure with regard to coordination of university
education and for determination and maintenance of
standards of teaching examination in the
Universities, the UGC should consult each and every
University of each and every State and only then,
such measures can be taken. Reading the provision in
above manner shall make the functioning of UGC
unworkable. There are more than nine hundred
Universities in the country and to require UGC to
consult more than nine hundred universities for
taking any measure will make the functioning
impossible and impractical.
118
88. Section 12 cannot be interpreted in a manner that
for taking any steps by the UGC, there is a mandatory
requirement of consultation of all the
States/Universities failing which no measures can be
taken by the University Grants Commission. Clause (j)
of Section 12 is couched in a very vide manner which
empower the commission to perform such other
functions as may be prescribed or as may be deemed
necessary by the Commission for advancing the cause
of higher education in India or as may be incidental
or conducive to the discharge of the above function.
Any function which may be deemed necessary by the
Commission can be performed. For performance of its
function by the Commission, the Commission of its own
is fully competent to take decisions, issue any
directions, guidelines, etc. The Commission may also
take assistance of any Committee of experts in
discharge of its functions for which there is no
119
prohibition in the statutory scheme. In the common
counter affidavit filed by the UGC with regard to the
guidelines dated 29.04.2020, the Commission has in
paragraph 8 of the common counter affidavit has
stated that the guidelines which contained policy
decision taken by UGC were made following the report
by the Committee under the Chairmanship of Prof.
R.C.Kuhad. Following statements have been made in the
paragraph 8:
“8.... It is pertinent to note that
these Guidelines, which contain
policy decisions taken by the UGC,
were made following a report by a
committee under the Chairmanship of
Prof. R.C.Kuhad, ViceChancellor,
Central University of Haryana. The
said committee consisted of various
experts in the field that included
ViceChancellors of various
universities, the director of the
Inter University Accelerator Centre,
New Delhi, and senior officers of the
UGC. Therefore, the Guidelines were
published “in consultation with the
Universities or other bodies
concerned”, as mandated by section 12
of the UGC Act..."
120
89. The revised guidelines dated 06.07.2020 was
issued after the report was received from the
Committee headed by Prof. R.C. Kuhad as has been
specifically pleaded in paragraph 10 of the common
counter affidavit in which following statement has
been made:
“10. That, however, in June 2020,
considering the evolving situation of
the Covid19 pandemic, the UGC
requested the expert committee headed
by Prof. R.C. Kuhad to revisit the
‘UGC Guidelines on Examinations and
Academic Calendar for the Universities
in View of COVID19 Pandemic and
Subsequent Lockdown’. Accordingly, the
expert committee (which also included
ViceChancellors of technical
Universities and a representative of
industry) did so, and submitted a
report recommending that terminal
semester/final year examinations would
be conducted by universities/
institutions by the end of September,
2020 in offline(Pen & Paper)/ online/
blended (online + offline) mode. This
report of the expert committee was
deliberated and approved by the UGC in
its emergent meeting held on
06.07.2020...”
121
90. The statutory scheme as delineated by Section 12
makes it clear that for the purposes of performing
its functions under the Act as enumerated in clause
(a) to (j), it is not mandatory duty of the
Commission to consult with the Universities or other
bodies concerned in all cases e.g. while allocating
and disbursing out of the fund of the Commission,
grants to the Universities as enumerated in sub
clause (b) and (c). It is not necessary to consult
the university to whom the grant is to be allocated
and disbursed. The expression “in consultation with
the Universities or other bodies concerned” has to be
read to mean where consultation with Universities or
other bodies concerned is necessary without which the
Commission is unable to perform its functions.
91. We may further elaborate the point by referring
to certain other functions as enumerated in Section
12. Section 12 subclause (h) provides:
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“(h) collect information on all such
matters relating to University
education in India and other countries
as it thinks fit and make the same
available to any University;”
92. Whether for collecting information relating to
University education in India, UGC has to consult all
900 or more Universities and whether without
consultation with the Universities, it cannot perform
its functions under Section 12(h), the answer would
be obviously that it is not necessary for UGC to
consult all the universities while collecting
information relating to University Education in
India. The expression “Universities or other bodies
concerned” has not be read in a rigid manner rather
it is flexible as per requirement of the Commission.
The residuary clause i.e. Section 12(j) cloth the
Commission to perform such other functions as may be
deemed necessary by the Commission. The guidelines
dated 29.04.2020 and 06.07.2020 have been issued
after consultation of an expert Committee headed by
123
Prof. Kuhad. The guidelines have been issued after a
report of an expert committee consisting of
academicians and experts. It cannot be said that the
Commission had no jurisdiction to issue guidelines
without consulting all the Universities in the
Country and all the States or Union Territories.
93. The UGC is empowered to perform such other
functions as may be deemed necessary by the
Commission. If the Commission felt it necessary to
issue guidelines after obtaining a report from the
expert committee, no exception can be taken to the
procedure adopted by the Commission. The guidelines
dated 29.04.2020 as well as revised guidelines dated
06.07.2020 are general in nature and not confined to
any particular university or any particular state.
Hence, it cannot be said that UGC is obliged to
consult all Universities or States before issuance of
the guidelines.
124
94. We thus, are satisfied that guidelines dated
06.07.2020 cannot be said to be violative of Section
12 of UGC Act, 1956.
Issue No.6
95. The submission which has been pressed before us
by the learned counsel for the petitioners
challenging the revised guidelines dated 06.07.2020
is that the said guidelines insofar as it directs for
holding of the final year/terminal semester
examination by 30.09.2020 does not prohibit a State
or State Disaster Management Authority in taking
appropriate decision in exercise of power under
Disaster Management Act, 2005 not to hold examination
looking to the situation in a particular State. In
this context, reference has been made to the decision
taken by the State Disaster Management Authority of
Maharashtra dated 18.06.2020 and the Government
Resolution dated 19.06.2020 by the State of
125
Maharashtra as well as the proceedings dated
13.07.2020 of the State Disaster Management Authority
of the State of Maharashtra. The submission is that
exercise of power under Disaster Management Act, 2005
shall override the UGC's guidelines directing holding
of the examination by 30.09.2020 by each
University/Colleges. For considering the above
submission we need to look into the statutory scheme
of the Disaster Management Act, 2005 and various
orders issued thereunder. The Disaster Management
Act, 2005 has been enacted to provide for the
effective management of disasters and for matters
connected therewith or incidental thereto. Section 3
provides for establishment of National Disaster
Management Authority with Prime Minister of India as
Chairperson. Section 6 provides for powers and
functions of National Authority. Section 8 provides
for constitution of National Executive Committee.
National Plan is to be drawn as per Section 11.
Section 14 provides for establishment of State
126
Disaster Management Authority. Section 14 of the Act
is as follows:
“
Section 14. Establishment of State
Disaster Management Authority .—(1)
Every State Government shall, as soon
as may be after the issue of the
notification under subsection (1) of
section 3, by notification in the
Official Gazette, establish a State
Disaster Management Authority for the
State with such name as may be
specified in the notification of the
State Government.
(2) A State Authority shall
consist of the Chairperson and such
number of other members, not exceeding
nine, as may be prescribed by the
State Government and, unless the rules
otherwise provide, the State Authority
shall consist of the following
members, namely:—
(a) the Chief Minister of the State,
who shall be Chairperson, ex officio;
(b) other members, not exceeding
eight, to be nominated by the
Chairperson of the State Authority;
(c) the Chairperson of the State
Executive Committee, ex officio.
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(3) The Chairperson of the State
Authority may designate one of the
members nominated under clause (b) of
subsection (2) to be the Vice
Chairperson of the State Authority.
(4) The Chairperson of the State
Executive Committee shall be the Chief
Executive Officer of the State
Authority, ex officio:
Provided that in the case of a
Union territory having Legislative
Assembly, except the Union territory
of Delhi, the Chief Minister shall be
the Chairperson of the Authority
established under this section and in
case of other Union territories, the
Lieutenant Governor or the
Administrator shall be the Chairperson
of that Authority: Provided further
that the Lieutenant Governor of the
Union territory of Delhi shall be the
Chairperson and the Chief Minister
thereof shall be the ViceChairperson
of the State Authority.
(5) The term of office and conditions
of service of members of the State
Authority shall be such as may be
prescribed.”
128
96. Section 18 deals with powers and functions of
State Authority. Section 20 provides for constitution
of State Executive Committee and Section 22
enumerates functions of the State Executive
Committee. Section 38 empowers the State Government
to take measures.
97. After notifying COVID19 as pandemic the National
Disaster Management Authority issued order dated
24.03.2020 directing the Ministries/Departments of
Government of India, State/Union Territory
Governments and State/Union Territory Authorities to
take effective measures so as to prevent the spread
of COVID19 in the country. Guidelines and the
measures to be taken by the Ministries, State/Union
Territory were issued by the Ministry of Home
Affairs. For the purposes of this case we may notice
the order dated 30.05.2020 issued by the Government
of India, Ministry of Home Affairs in exercise of
129
powers conferred under Section 6(2)i) of the Act,
2005. The guidelines for phased reopening (Unlock I)
was issued on 30.05.2020. Paragraphs 1 and 5 of the
guidelines which are relevant are as follows:
“ 1. Phased reopening of areas outside
the Containment Zones
In areas outside Containment Zones,
all activities will be permitted,
except the following which will be
allowed, with the stipulation of
following Standard Operating
Procedures (SOPs) to be prescribed by
the Ministry of Health and Family
Welfare (MoHFW), in a phased manner.
Phase I
........
Phase II
Schools, colleges,
educational/training/ coaching
institutions etc., will be opened
after consultations with States and
UTs. State Governments/UT
administrations may hold
130
consultations at the institution
level with parents and other
stakeholders. Based on the feedback,
a decision on the reopening of these
institutions will be taken in the
month of July, 2020.
MoHFW will prepare SOP in this
regard, in consultation with the
Central Ministries/ Departments
concerned and other stakeholders, for
ensuring social distancing and to
contain the spread of COVID19.
Phase III
........
5. States/Uts, based on their assessment
of the situation, may prohibit certain
activities outside the Containment zones,
or impose such restrictions as deemed
necessary.”
98. The guidelines dated 30.05.2020 were to remain in
force till 30.06.2020 during which period some of the
States have taken a decision not to hold the
examination as directed by the UGC. For the purposes
131
of this case it shall be sufficient to notice the
decision taken by the Government of Maharashtra as
well as the State Disaster Management Authority of
State of Maharashtra. State Disaster Management
Authority of Maharashtra in its meeting dated
18.06.2020 took a decision not to conduct the final
year/terminal semester examination. The Government
Resolution dated 19.06.2020 was issued by the
Government of Maharashtra where the Government
decided that taking into consideration the situation
of COVID19 in the State of Maharashtra final year
examination of professional courses cannot be
arranged. With regard to nonprofessional
(traditional) courses Government resolved to declare
result by way of adopting suitable formula after
obtaining in writing from students that they intend
to get the Degree without appearing in examination.
On 18.06.2020 when the State Disaster Authority took
the decision and the Government of Maharashtra issued
Government Resolution the guidelines issued by the
132
Ministry of Home Affairs dated 30.05.2020 did not
expressly permit conduct of examination in
Schools/Colleges. In paragraph 5 of the guidelines
dated 30.05.2020 issued by the Ministry of Home
Affairs, States/Uts, based on their assessment of the
situation, were empowered to prohibit certain
activities outside the Containment Zones, or impose
such restrictions as deemed necessary. When the State
Disaster Management Authority and the State
Government (Maharashtra) took a decision not to
conduct examination, the said decision was well
within the guidelines issued by the Ministry of Home
Affairs. Further Disaster Management Authority of the
State is empowered under Section 38 to take measures
for the purpose of prevention of disaster and
mitigation. The decision taken by the State Disaster
Management Authority on 18.06.2020 as well as the
State Government's Resolution dated 19.06.2020
insofar they decided not to hold final year/terminal
semester examination by 30.09.2020 was well within
133
the jurisdiction of the said Authority. We have
noticed that guidelines of UGC dated 06.07.2020
directed all Universities/Colleges to complete their
examinations by 30.09.2020. The question is as to
whether the State Disaster Management Authority could
have taken a decision contrary to the directive of
the University Grants Commission to complete the
examination by 30.09.3030. Reliance has been placed
on Section 72 of the Disaster Management Act, 2005
which provision gives overriding effect to the
provisions of Act, 2005. Section 72 of the Act, 2005
is quoted below:
“
Section 72. Act to have overriding
effect .—The provisions of this Act, shall
have effect, notwithstanding anything
inconsistent therewith contained in any
other law for the time being in force or
in any instrument having effect by virtue
of any law other than this Act.”
99. The Disaster Management Act, 2005 empowers the
State Disaster Management Authority as well as the
134
State Government to take decision for prevention and
mitigation of a disaster and the action taken by the
authorities under the Disaster Management Act have
been given overriding effect to achieve the purpose
and object of the Act. In case of a disaster the
priority of all authorities under the Disaster
Management Act is to immediately combat the disaster
and contain it to save human life. Saving of life of
human being is given paramount importance and the
Act, 2005 gives primacy, priority to the actions and
measures taken under the Act over inconsistency in
any other law for the time being in force. Section 72
begins with non obstante clause. This Court in State
in
(NCT of Delhi) vs. Sanjay, 2014(9) SCC 772
paragraph 63 laid down following:
“ 63. It is well known that a non
obstante clause is a legislative device
which is usually employed to give
overriding effect to certain provisions
over some contrary provisions that may be
found either in the same enactment or some
other enactment, that is to say, to avoid
135
the operation and effect of all contrary
provisions. ”
100. The Kerala High Court had occasion to consider
Section 72 of the Disaster Management Act in
reference to another Central Act that is Land
Acquisition Act. The Division Bench of the Kerala
High Court ( of which one of us Justice Ashok Bhushan
was also a member) laid down following in paragraph
69:
69. The Disaster Management Act, 2005 is
enacted with a definite object. Various powers
have been given to the different authorities,
including the DDMA to achieve the objects of
the Act. Various statutory plans are to be
prepared for Disaster Management. In event it
is to be accepted that with regard to taking
any action with regard to a premises which is
in occupation/possession/ownership of a private
person, the authorities have first to draw
proceedings under the Land Acquisition Act and
then issue any order under the 2005 Act is to
defeat the entire purpose and object of the
2005 Act. The legislature being well aware of
the legal consequences have already engrafted
Section 72 of the Act which gives overriding
effect to the provisions of the 2005 Act,
136
notwithstanding anything consistent therewith
contained in any other law. Section 72 of the
Act is as follows:
"72. Act to have overriding effect.The
provisions of this Act, shall have effect,
notwithstanding anything inconsistent
therewith contained in any other law for
the time being in force or in any
instrument having effect by virtue of any
law other than this Act."”
101. At this juncture, we may also notice the OM
dated 06.07.2020 issued by the Ministry of Human
Resource Development as well as the decision dated
06.07.2020 of Ministry of Home Affairs. Learned
Solicitor General appearing for the University Grants
Commission has submitted that in case of National
Disaster the decision taken by the National Disaster
Authority as well as the decision of the National
Executive Committee hold the field and no contrary
decision can be taken by a State Disaster Management
Authority or State Government. It is submitted that
137
on 06.07.2020 the Ministry of Home Affairs in a
letter to Union Higher Education Secretary,
permitted conduct of examination by Universities and
Institutions. The decision of the Ministry of Home
Affairs is placed on record which is to the following
effect:
"Press Information Bureau
Government of India
*
Ministry of Home Affairs permits conduct of
examinations by Universities and Institutions
New Delhi, July, 6 2020
Ministry of Home Affairs, in a letter to Union
Higher Education Secretary, today permitted
conduct of examinations by Universities and
Institutions. The final Term Examinations are
to be compulsorily conducted as per the UGC
Guidelines on Examinations and Academic
Calendar for the Universities; and as per the
Standard Operating Procedure (SOP) approved by
the Union Ministry of Health & Family Welfare.
*”
138
102. The Ministry of Human Resource Development issued
an OM dated 06.07.2020 which is to the following
effect:
“Government of India
Ministry of Human Resource Development
Department of Higher Eduction
Shastri Bhawan, New Delhi,
th
Date the 6 July, 2020
OFFICE MEMORANDUM
Subject: Instructions for conduct of
examination regarding.
A large number of examinations of the
Universities, IITJEE(Mains & Advance), NEET
etc are scheduled to be held in the coming
months. In order to ensure safety of the
139
examinees, as also their academic interest, the
following action may be taken.
1. Final Term Examinations should be
compulsorily conducted as per UGC Guidelines on
Examinations and Academic Calendar for the
Universities dated 29.04.2020 which have been
th
again resolved today i.e. 06 July, 2020.
th
2. All examination may be conducted on 30
September, 2020.
3. Taking into consideration the academic
interest of large number of students, MHA has
agreed to the request of MHRD and granted
exemption for the opening of educational
institutions for the purpose of holding
examinations/evaluation work for Final Term
Examinations of the Universities/Institutions.
4. MHRD has formulated detailed SOP for
conduct of examinations with precautions to be
taken in view of COVID19 situation. This has
been vetted by the Ministry of Health and
Family Welfare. A copy of the same is enclosed
to ensure safety to all.
5. Previous instructions regarding “Work From
Home” sent vide letter dated 30.06.2020 will
not apply to the officers, faculty and non
Teaching Staff who are involved in
Examination/Evaluation/Admission work.
140
Sd/
(Vidya Sagar Rai)
Under Secretary to the Govt. of India.”
103. A perusal of the OM dated 06.07.2020 indicates
that the Ministry of Home Affairs has agreed to the
request of the Ministry of Human Resource Development
and granted exemption for the opening of educational
institutions for the purpose of holding examinations/
evaluation work for Final Term Examinations of the
Universities/Institutions. The said OM as well as
letter of the Ministry of Home Affairs cannot be read
to mean that it fettered the jurisdiction of the
State Authority to take a decision considering the
situation in a State with regard to conduct of
examinations. The cumulative effect of OM dated
06.07.2020 and letter dated 06.07.2020 shall be that
Government of India granted exemption for holding the
examinations which shall be treated as exception to
141
the guidelines dated 29.06.2020 issued by the
Ministry of Home Affairs where Schools, Colleges,
educational and coaching institutions were to remain
closed till 31.07.2020. The said OM and letter dated
06.07.2020 permitting holding the examinations shall
not fetter the power of the State Disaster Management
Authority to take appropriate measures to contain the
Disaster in the State. It is relevant to notice that
State Disaster Management Authority of the State of
Maharashtra held meeting on 13.07.2020 and took the
following decision:
“.........
After detailed deliberations in the meeting,
the following decision was taken:
1. As per the revised guidelines issued
by the University Grants Commission on
July 6, 2020, it is not possible to
conduct examinations in the State in case
of COVID19. Therefore, the decision
taken by the Government on June 19,
2020 regarding the final session/final
year examinations of non
professional(traditional) as well as
professional courses was upheld.
142
2. The University Grants Commission
should be rerequested as it is not
possible to conduct the examination as per
the guidelines.”
104. With regard to conduct of examinations, the
State authorities are competent to assess the
situation in a particular State regarding possibility
of holding of examinations. No State shall permit
health of its subject to be compromised that is why
overriding power has been given to the State Disaster
Management Authority and the State Government with
regard to any inconsistency with any other law for
the time being in force. We have noticed above that
there are no orders or directions in the guidelines
of the National Disaster Management Authority or
National Executive Committee fettering the powers of
the State Disaster Management Authority and a State
Government to take a decision as to whether
examinations by physical mode be permitted in
143
particular State looking to the situation in the
State. Coming to the guidelines dated 06.07.2020 of
the UGC insofar as it directs completion of final
examinations by 30.09.2020 which direction is
overridden by the decision of the State Disaster
Management Authority and State Government where it
resolved not to hold the examinations. We, thus,
conclude that direction of the University Grants
Commission in its revised guidelines dated 06.07.2020
insofar it directs the Universities and colleges to
complete the final year/terminal examinations by
30.09.2020 shall be overridden by any contrary
decision taken by a State Disaster Management
Authority or the State Government exercising power
under the Disaster Management Act, 2005. Learned
counsel appearing for the UGC has, in his submission,
submitted that UCC shall be ready to consider any
request received from any State to allow the
Universities to reschedule the date of final
examinations and in the event any request is made to
144
the UGC the deadline for completion of the
examination can be extended by the UGC and the date
of final examinations can be rescheduled.
Issue No.7
105. As noted above, the State Disaster Management
Authority (State of Maharashtra) in its meeting dated
18.06.2020 as well as the State of Maharashtra in its
Resolution dated 19.06.2020 have resolved to promote
the students without taking the final examinations.
It is useful to refer to the Government Resolution
dated 19.06.2020, which is to the following effect:
" Government Resolution:
1. In all nonagricultural universities,
deemed universities, selffinanced
universities and their affiliated
colleges for the academic year 201920
for organising examinations of final
session/final year of graduation/ post
graduation classes the Universities are
required to take action as per following
point (1) and (2) in A:
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(A) NonProfessional (Traditional) Courses:
1. If the students of final session/year
have gone through in all earlier sessions
intend to get degree certificates without
appearing their examination, by way of
obtaining in writing from them by way of
adopting suitable formula the
Universities should declare result.
2. If the students of final session/year
have gone through in all earlier sessions
intend to appear the examination, by way
of obtaining in writing from them
opportunity of appearing the examination
is to be given to them. After taking into
consideration the emergence of Covid19
epidemic at local level and local
situation and after discussing with the
concerned District Collector & President
of Disaster Eradication Authority the
Universities should take suitable
decision and accordingly they may declare
the time table.
3. In case of the students of final year if
there is any backlog, in respect of
examinations of their backlog a meeting
is to be arranged at Government level
with Chancellor and concerned Officers of
the University and after discussing the
matter in this meeting suitable decision
would be taken.
146
(B) Professional Courses (Engineering,
Pharmacy, Hotel Management, Management
Science, Architecture, Planning, Computer
Science, Law, Physical Education,
Teaching Science etc):
Taking into consideration the situation of
Covid19 in the State the examinations of
final session/final year of Professional
Courses cannot be arranged. For those
students like nonprofessional courses the
decision has been taken in the meeting of
State Disaster Management Authority that
action would be taken as per following point
(1), (2) and (3) in above point A. The
concerned apex institution of concerned
professional courses can make a request for
getting approval to the same. In this regard
separate communication would be done.
2. This Government Resolution is being
released as per the decision taken in the
th
meeting held on 18 June, 2020 of State
Disaster Management Authority formed
under Disaster Management Act 2005.”
106. The guidelines dated 06.07.2020 categorically
directed all Universities/Colleges to hold the
examination of terminal semester/final year, option
for not holding the examination was given in the
147
revised guidelines as well as the earlier guidelines
only with regard to intermediate/year examination.
Before us submissions have been addressed by the
learned counsel appearing for the petitioners
contending that students can be promoted on the basis
of previous year assessment and internal assessment
which in no manner shall be lowering down the
standard of education and the decision taken by the
State Government and the State Disaster Management
Authority to grant such promotion is perfectly in
accordance with law. Referring to Regulations, 2003
it has been submitted that students can be promoted
on the basis of cumulative grade point average. It is
submitted that students have completed five semesters
and no special importance can be attached to the last
semester, hence the Maharashtra Government's decision
to promote on the basis of previous assessment and
internal assessment was in accordance with law.
148
107. We have already held, while considering Issue
No.1, that University Grants Commission Act has been
enacted in reference to Entry 66 of List I. The
States although have legislative competence to
legislate on education including Universities but the
State Legislation is subject to Entry 66 List I. The
revised guidelines issued by UGC are statutory and
referable to University Grants Commission Act, 1956
and shall have precedence as compared to any
inconsistent decision taken by the State. We also
need to consider as to whether in exercise of power
under the Disaster Management Act, 2005, the State or
State Disaster Management Authority could have taken
any decision with regard to promote the students
without undergoing final year/terminal semester
examination. The purpose and object of the Disaster
Management Act, 2005 is management of disasters and
for matters connected therewith. The Disaster
Management is a continuous and integrated process
of planning,organising, coordinating and implementing
149
measures. The Disaster Management has been defined
in Section 2(e) to the following effect:
“disaster management” means
“Section 2(e)
a continuous and integrated process of
planning, organising, coordinating and
implementing measures which are necessary
or expedient for—
(i) prevention of danger or threat of
any disaster;
(ii) mitigation or reduction of risk
of any disaster or its severity or
consequences;
(iii) capacitybuilding;
(iv) preparedness to deal with any
disaster;
(v) prompt response to any threatening
disaster situation or disaster;
(vi) assessing the severity or
magnitude of effects of any disaster;
(vii) evacuation, rescue and relief;
150
(viii) rehabilitation and
reconstruction;”
108. The word mitigation has also been defined in
Section 2(i) as follows:
" Section 2(i) “ mitigation” means measures
aimed at reducing the risk, impact or
effects of a disaster or threatening
disaster situation;”
109. The exercise of powers by the State Disaster
Management Authority or by the State Government which
shall have overriding effect under Section 72 are
those exercise of jurisdiction which are within the
four corners of the Disaster Management Act, 2005.
When the State Disaster Management Authority and
State Government take a decision that for mitigation
or prevention of disaster it is not possible to hold
physical examination in the State, the said decision
was within the four corners of Disaster Management
Act, 2005. However, the decision of the Disaster
151
Management Authority or the State Government that
students should be promoted without appearing in the
final year/terminal semester examination, is not
within the domain of the Disaster Management Act,
2005. The decision to promote students and grant
Degree by a State if contrary to any Central
enactment or guidelines issued thereunder the Central
enactment and the guidelines thereunder shall have
precedence by virtue of the same being referable to
Entry 66 List I. We, thus, conclude that the State
Disaster Management Authority and the State
Government has no jurisdiction to take a decision
that the students of final year/terminal examination
should be promoted on the basis of earlier years
assessment and internal assessment whereas the UGC
guidelines dated 06.07.2020 directed specifically to
conduct final year/terminal semester examination. The
UGC guidelines dated 06.07.2020 in the above respect
shall override the decision of the State Government
and the State Disaster Management Authority regarding
152
promoting the students, does not fall within the
jurisdiction of the Disaster Management Act, 2005 and
shall have no protection of Section 72 of the
Disaster Management Act, 2005. We, thus, conclude
that the State or the State Disaster Management
Authority have no jurisdiction under Disaster
Management Act, 2005 to take a decision for
promoting the students on the basis of previous
performance or internal assessment which decision
being contrary to revised guidelines of the
University Grants Commission cannot be upheld and has
to give way to the guidelines of UGC which is the
Authority to issue guidelines for determination and
maintenance of standards of education and teaching of
the Universities.
110. From the aforesaid discussion, we arrive at the
following conclusions:
153
Conclusions:
(1) The Revised Guidelines dated 06.07.2020 issued by
the UGC are not beyond the domain of the UGC and they
relate to coordination and determination of standards
in institutions of higher education.
(2) The Guidelines dated 06.07.2020 are in
continuation to the earlier Guidelines dated
29.04.2020 and are not contrary to the earlier
Guidelines. We have to look into the substance of
the Guidelines to find out the intention and object
of the Guidelines. The Guidelines were issued with
the object that a uniform academic calendar be
followed by all the Universities and final /terminal
examinations be held.
(3) The Guidelines dated 06.07.2020 has to be treated
to have been issued in exercise of the statutory
powers vested in the Commission under Section 12. As
per the Statutory Regulations, 2003, it is the
154
statutory duty of the Universities to adopt the
Guidelines issued by the UGC. The Guidelines dated
06.07.2020 cannot be ignored by terming it as non
statutory or advisory.
(4) The differentiation made in the Revised
Guidelines to hold final or terminal semester
examination and to give option for earlier
years/intermediate semester for not holding the
examination has a rational basis. The
differentiation has nexus with the object to be
achieved. We, thus, reject the challenge to the
revised Guidelines on the ground that there is any
discrimination between the students of final
year/terminal semester and those of intermediate and
first year.
(5) The revised Guidelines also cannot be termed to
violate Article 14 of the Constitution on the ground
that one date, i.e., 30.09.2020 has been fixed
irrespective of the conditions prevailing in
155
individual States. The date for completion of
examination was fixed throughout the country to
maintain uniformity in the academic calendar.
(6) The Revised Guidelines dated 06.07.2020 as well
as Standard Operating Procedures for conduct of
examinations circulated vide letter dated 08.07.2020
of UGC as well as O.M. dated 06.07.2020 issued by
MHRD clearly shows deep concern with the health of
all stakeholders, i.e., students as well as the exam
functionaries. Challenge to the Guidelines on the
ground of it being violative of Article 21 is
repelled.
(7) The expression “other bodies” used in opening
part of the Section 12 of the UGC Act, 1956 is in
reference to other bodies apart from Universities as
enumerated under Section 12. The submission that
other bodies as occurring in Section 12 should
include State Disaster Management Authority or health
experts is misconceived. Section 12 never
156
contemplated any such expression. The revised
guidelines dated 06.07.2020 are not in breach of
Section 12 of 1956 Act.
(8) The Disaster Management Act, 2005 empowers the
State Disaster Management Authority as well as the
State Government to take measures for prevention and
mitigation of a disaster and the action taken by the
authorities under the Disaster Management Act have
been given overriding effect to achieve the purpose
and object of the Act, 2005. Saving of human life
has been given paramount importance under the Act,
2005. Primacy have been given to the actions and
measures taken under the Act, 2005 over anything
inconsistent in any other law for the time being in
force.
(9) The direction of the University Grants Commission
in Revised Guidelines dated 06.07.2020 insofar as it
directs the Universities and Colleges to complete the
final year/terminal year examination by 30.09.2020
157
shall be overridden by any contrary decision taken by
the State Disaster Management Authority or the State
Government exercising power under the Disaster
Management Act, 2005.
(10) The State Governments or State Disaster
Management Authority in exercise of power under
Disaster Management Act, 2005 has no jurisdiction to
take a decision that the students of final
year/terminal students should be promoted on the
basis of earlier year assessment and internal
assessment, which decision being contrary to UGC
Guidelines dated 06.07.2020 has to give way to the
UGC Guidelines. The UGC Guidelines dated 06.07.2020
specifically directed to conduct the final year/
terminal semester examination which shall override
such contrary decision of the State Government or
SDMA.
158
111. In view of our foregoing discussion and
conclusion, this batch of cases is disposed of in the
following manner:
(1) The prayer to quash the revised guidelines
dated 06.07.2020 issued by the University Grants
Commission and OM dated 06.07.2020 issued by the
Ministry of Human Resource Development and letter
dated 06.07.2020 issued by the Ministry of Home
Affairs is refused.
(2) The decision taken by the State Disaster
Management Authority/State not to hold final
year/terminal semester examination by 30.09.2020
in exercise of power under Disaster Management
Act, 2005 shall prevail over deadline fixed by
the University Grants Commission i.e. 30.09.2020
in respect to the concerned State.
159
(3) The decision of the State/State Disaster
Management Authority to promote the students in
the final year/terminal semester on the basis of
previous performance and internal assessment
being beyond the jurisdiction of Disaster
Management Act, 2005 has to give way to the
guidelines of UGC dated 06.07.2020 directing to
hold examination of final year/terminal semester.
The State and University cannot promote the
students in the final year/terminal semester
without holding final year/terminal examination.
(4) If any State/Union Territory in exercise of
jurisdiction under Disaster Management Act, 2005
has taken a decision that it is not possible to
conduct the final year/terminal semester
examination by 30.09.2020, we grant liberty to
such State/Union Territory to make an application
to the University Grants Commission for extending
deadline of 30.09.2020 for that State/Union
160
Territory which shall be considered by UGC and
rescheduled date be communicated to such
State/Union Territory at the earliest.
112. All writ petitions are disposed of accordingly.
The Special Leave Petition No.10042 of 2020 is
dismissed.
.....................J.
( ASHOK BHUSHAN )
......................J.
( R. SUBHASH REDDY )
......................J.
( M.R. SHAH )
New Delhi,
August 28, 2020.