In the backdrop of the ongoing Covid-19 pandemic, the Supreme Court in India recently delivered a ruling that grants states the power to override the guidelines issued by the University Grants Commission (UGC) under the Disaster Management Act, 2005 (DM Act). This was to prioritise human lives, particularly during such unprecedented times. However, it simultaneously maintained that final year examinations cannot be entirely discarded. Universities and other higher educational institutions will therefore need to administer these exams instead of endorsing promotions based on internal assessments or other related criteria.
The Background of the UGC Guidelines Controversy
The UGC, a statutory organization under the Ministry of Education, mandated the conduct of final-year university examinations by the end of September either online or offline. However, considering the rise in Covid-19 cases, the governments of Maharashtra and Delhi used the DM Act, 2005 to cancel the exams, a move to which the UGC objected.
Highlights from the Supreme Court’s Judgement
The Supreme Court, in its judgement, emphasized the primacy of human life during a disaster. It affirmed that all authorities’ priority under the DM Act should be to promptly address and contain the disaster in the interest of saving lives. Despite this, the court clarified that the State’s powers under the DM Act do not include student promotions solely based on an internal assessment without exams.
In the event of a state finding it challenging to conduct exams within the UGC’s stipulated deadline due to the pandemic or other reasons, they can request a postponement from the UGC. It is then the UGC’s responsibility to consider the request and reach a decision promptly.
Furthermore, the Supreme Court ruled that states and universities should not deem UGC guidelines merely advisory.
UGC’s Role in Setting Standards
Established on 28th December 1953, the UGC became a statutory organization of the Indian Government under the UGC Act, 1956. Its responsibilities include promoting and coordinating university education, determining and maintaining teaching, examination and research standards in universities, framing educational regulations, monitoring collegiate and university education developments, disbursing grants to universities and colleges, and serving as a link between the Union and state governments and higher learning institutions.
The Relevance of Examinations and Way Forward
Apart from assessing knowledge, examinations contribute to a student’s lifelong credibility, merit, broader global acceptability, and enhanced future prospects. However, it is crucial to consider the existing digital divide in India while opting for online exam conduct. The Ministry of Education needs to intervene actively in final year students’ appointments who could not appear for exams and devise policies deferring the requirement of degree certificates for job appointments.
Revised Guidelines by UGC Amid Rising Covid-19 Cases
The court rejected the argument that mandatory physical examination attendance violates the ‘Right to Life’ under India’s Constitution Article 21. It noted that the revised guidelines consider the increasing Covid-19 cases and offer three examination modes – pen and paper, online, and blended (both physical and online). A “special chance” was also extended to students unable to take the exams.
The R.C. Kuhad Expert Committee recommended that Terminal Semester Students should take exams, whereas Intermediate Semester Students should be graded based on their present and previous semester’s internal assessment. It also proposed establishing a Covid-19 cell in every university.
