New Delhi: The Supreme Court on Friday ruled that the UGC directives to Universities and Colleges to hold final year exams by September 30, was well within its domain and said that performance in such examination are reflection of competence of the students.
The top court held that the State and University cannot promote the students in the final year/terminal semester without holding final year/terminal examination.
However, the court also ruled that if any State/Union Territory in the exercise of jurisdiction under DM Act, has taken a decision that it is not possible to conduct the final year/ terminal semester examination by September 30, then we grant liberty to such State/Union Territory to make an application to the UGC for extending deadline of September 30, for that State/ Union Territory which shall be considered by UGC and rescheduled date be communicated to such State/Union Territory at the earliest.
It said the differentiation made in the revised UGC 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 and cannot be termed as discrimination between the students.
The apex court held that the State Governments or State Disaster Management Authority (SDMA) 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.
The top court said the decision taken by the SDMA/State not to hold final year/terminal semester examination by September 30, in exercise of power under Disaster Management (DM) Act, 2005 shall prevail over the deadline fixed by the UGC (University Grant Commission).
A bench of Justices Ashok Bhushan, R S Reddy and M R Shah said that the final year/terminal semester examination of under Graduate or post -Graduate is an opportunity for students to show his optimum calibre which paves his future career both in academics and employment.
The bench, which dealt with the challenges to the UGC guidelines of July 3, 2020 elaborately in its 160-page verdict, said that the 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.
The bench, while disposing of a batch of petitions filed by students, private organisations and Shiv Sena's youth wing Yuva Sena', framed seven issues and said that the July 6 guidelines of the UGC cannot be ignored by terming it as non-statutory or advisory in nature.