For the SC, use of the term 'examination' under Section 12 meant that the UGC is permitted by law to demand universities to conduct examinations through the Guidelines vide E-66 – as it stimulates coordination and determination of the 'standards of education', which also includes 'standard of examination'. The Supreme Court of India, SC has been hearing the plea petition and is expected to hear UGC's stand today. For the latest and fastest updates on the matter … A bench led by Justice Ashok Bhushan is set to hear a batch of pleas challenging the UGC Guidelines mandating completion of final year exams by universities before September 30. The Supreme Court has held that retirement age and pay scale fixed by University Grants Commission(UGC) for professors are not binding for universities run by the states. A 3-member bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah reserved its judgement and directed all the parties to submit a note on their submissions within the next three days. Hon'ble Supreme Court of India Judgment dt. The Supreme Court has reserved its judgement on a batch of petitions challenging UGC Guidelines mandating final-year exams by September 30. UGC latest news: The Supreme Court is likely to announce its final verdict on the petitions challenging the University Grants Commission (UGC) guidelines issued on July 6 exams before September 30 soon. Hon'ble Supreme Court of India Judgment dt. On Tuesday, in a batch of petitions challenging the July 6 directive of the University Grants Commission (UGC) to the Universities to hold final semester examinations by September 30, the Supreme Court reserved judgment.. After hearing the parties for nearly four hours via video conferencing, the judgment was reserved by a bench comprising Justices Ashok Bhushan, R Subhash Reddy and M … This means that 'standard of education' under E-66 speaks of the 'quality' (as a synonym for 'standard') of examinations. The Supreme Court on Friday heard pleas challenging UGC guidelines that mandate final year examinations by September-end amid the COVID-19 pandemic. 739 of 2020 yuva sena ...petitioner(s) versus university grants commission and ors. This essay examines the two constitutional questions enumerated above. UGC Guidelines Case LIVE Updates: The Supreme Court's final decision has been announced on the conduct of final year university examinations. (para.74-5). However, the matter is still going on in the Supreme Court.The Supreme Court is likely to give a judgement on final year exams 2020 on Wednesday i.e., on August 26. Admittedly, a Constitution bench of the SC in Preeti Srivastava v. State of MP [(1999) 7 SCC 120] had set down several illustrations to define 'standards of education' under E-66. To them the 'criticism' of the Guidelines 'that they are unreasonable does not inspire any confidence.' The exams need to be held by September-end in online, offline or blended … This would, as the Delhi High Court in Madhu v. Northern Railway [2018 SCC OnLine Del 6660] has observed, have a 'disparate impact' on the disadvantaged students or lead to an operational inequality (also, Griggs v. Duke Power Co., 401 U.S. 424, 431 (1971) and here). The Supreme Court is hearing a plea filed by students against the UGC’s July 6 order to conduct final year exams by September 30. Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in The SC rejected both the contentions as follows: First, for them, the UGC 'rightly' fixed a common deadline to maintain uniformity in the academic calendar and that their decision was taken after careful assessment of the situation throughout the country, which ensured the 'welfare of students' and protected the 'career prospect' of final year students. The SC understood Section 12 in light of the preamble of the UGC Act, and held that the phrase 'standard of examination', under Section 12, fell in line with the phrase 'standard of education' within the language of E-66, thus ruling in favour of the UGC (Praneeth, paras.57, 62). The petitioners also relied on the SC's decision in Modern Dental College v. State of MP [(2016) 7 SCC 353] ('MDC') – where it was categorically observed that 'standard of education…would not include conducting of examinations' as it does not affect any 'standards' – to establish that the Guidelines issued under Section 12 are not in referable to E-66. Vs. Rabi Sankar Patro Vs Ors has suspended all the degrees in Engineering awarded by concerned Deemed to be Universities of the candidates enrolled during the Academic Sessions … The hearing began at 11 AM, … Check out live updates from the hearing of August 18, 2020. The Hon‟ble Supreme Court vide its order dated 03.11.2017 in the matter of Orissa Lift Irrigation Corp. Ltd. Scientologist David Gentile, owner of GPB Capital Holdings, was dealt a legal loss yesterday when the Supreme Court of the State of New York Appellate Division granted Patrick Dibre his motion for summary judgment in GPB Capital Holdings v. Dibre. A bench headed by Chief Justice Altamas Kabir (since retired) held that there would be no automatic application of UGC recommendations for state universities and it is for a state government to take a decision. In MDC, the SC was, inter alia, tasked to determine whether 'admissions' were covered exclusively under E-66. 19807-808/2012, and connected cases before. Section 12 of the UGC Act allows the UGC to undertake steps 'for the determination and maintenance of standards of teaching, examination and research in Universities', and the impugned Guidelines were issued under this provision. The wait of over lakhs of final year varsity students comes to an end! Priyanka Chopra Jonas makes sustainable beauty accessible in under Rs 500,... Hina Khan turns up the heat as she exudes boss lady vibes in metallic pants... Housethome.com offers Indian home owners an end-to-end ‘solution’ to help t... Video: Disha Patani discloses secret to her dewy-makeup look, UGC guidelines: Supreme Court hearing today pleas challenging final year exams by September, NEP 2020: Centre aims to bring IITs, IIMs under online learning, seeks inputs from UGC, AICTE. The court rejected the stand taken by some states and other petitioners that the exams must be cancelled in view of the pandemic and the students … Among other things, two constitutional questions were raised against the Guidelines before the SC: first, whether the UGC demanding Universities to conduct examinations under Section 12 of the University Grants Commission Act, 1956 ('UGC Act') were referable to Entry 66, List I, Seventh Schedule ('E-66') of the Constitution of India ('Constitution'); and second, whether the Guidelines violated the rights of students under Articles 14 and 21 of the Constitution. Supreme Court to Hear Pleas Challenging UGC Revised Guidelines to Conduct Final Year Exams Today File photo of the Supreme Court building. ...respondent(s) with writ petition (civil) no. He also walked the Supreme Court through the entire scheme of the UGC to help conduct the examinations safely and how students ought to keep preparing for the final year examinations. CONSENT ORDER AND JUDGMENT WHEREAS, the State of New York (“Plaintiff”), by its attorney, Letitia James, Attorney General of the State of New York (“NYAG”), filed a complaint on September 26, 2019assigned to the Commercial Division of the Supreme Court of the State of New York, New York County, This remark, however, was made specifically in the context of how 'examinations' need to improve the 'standards of education in an institution or college' (Preeti Srivastava, SCC p.154-5). Court had been challenged in this Court by way of Civil Appeal No. Supreme Court Judgement On Ugc Latest Hindi News, Supreme Court Judgement On Ugc Breaking News, Find all Supreme Court Judgement On Ugc से जुड़ी खबरें at Live Hindustan, page1 03.11.2017 in the case of Orissa Lift Irrigation v Rabi Sankar Patro, SLP (C) Nos. Earlier on Tuesday, the Supreme Court had reserved its judgment on a plea challenging UGC decision to hold final year exams by September end. ...petitioner(s) versus … A Critical Note On Supreme Court's UGC Judgement. The Supreme Court (SC) on July 31 adjourned the matter pertaining to the plea against the University Grants Commission (UGC) decision on mandatorily conducting final year examinations till August 10. The Supreme Court of India (SC) on Tuesday heard the students' plea challenging the University Grants Commission (UGC) mandate that requires universities across the country to conduct the final year examinations by September 30 amid the coronavirus disease (COVID-19) pandemic outbreak. The petitioners also contended that the Guidelines violates the students' rights under Articles 14 and 21 of the Constitution. ...petitioner(s) versus university grants commission (ugc) and ors. UGC Guidelines 2020: The Supreme Court is likely to announce its final verdict on the petitions challenging the University Grants Commission (UGC) guidelines issued on July 6 exams before September 30 soon. They merely mandated the Universities to organise and complete them before 30 September 2020. While states such as Maharashtra and Delhi have officially opposed the UGC decree and have cancelled the final year examinations in the respective state universities, the UGC has, in turn, contested that the final year examinations are mandatory as the degree cannot be allotted without proper assessment. The Supreme Court on Monday was hearing a clutch of pleas by students from Karnataka, Assam, Uttar Pradesh, Bihar, Meghalaya and other states challenging the UGC's 6 July circular directing universities to conduct final year examinations by 30 September. Demanding colleges and universities to merely conduct 'examinations' would not lay down the standards of how exams are to be conducted, in the sense that they do not alter the quality or determining principles surrounding the examinations. Additionally, the Supreme Court is unlikely to announce the final judgement today either as the matter is not listed in the cause list for today. This took the SC to the official memorandum ('OM') released by the HRD Ministry on 6 July 2020, which laid down the standard operating procedures universities and colleges would follow while conducting examinations. We have, before us, a judgment of the Division Bench of the Bombay High Court, Bench at Nagpur, which ruled that the UGC lacked the competence to fix the aggregate marks as the final qualifying criteria, after the candidates obtained the minimum marks, prescribed in the notification dated 6.12.2012 before the declaration of results of NET Examination, agreeing with a similar view expressed by a learned single Judge … The petitioners rather argued against the Guidelines being in furtherance of coordination of determination of the 'standards of education' vide Section 12 of the UGC Act – which essentially meant that the UGC could not demand/force colleges to conduct examinations within a deadline. UGC Guidelines Case LIVE Updates: SC final verdict on Final Year University Exams is OUT. File photo of the Supreme Court building. UGC Guidelines LIVE Updates | Union Minister Prakash Javadekar reacts on the Supreme Court judgement on the UGC decision to hold final year exams by … As per the revised exam guidelines provided by UGC in accordance with the Home Ministry and HRD Ministry orders, final-year university exams are compulsory across India. 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. The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. These Guidelines had been released at a time when the number of COVID-19 cases continued, and still do, to increase exponentially with every passing... On 6 July 2020, the University Grants Commission ('UGC') released guidelines directing all colleges, universities and institutions of higher education to conduct final year/ terminal semester examinations before 30 September 2020 ('Guidelines'). In the last hearing held on August 18, the Supreme Court has reserved its judgment and had asked all the parties to file written submissions, if any, within a period of 3 days. A bench led by Justice Ashok Bhushan is set to hear a batch of pleas challenging the UGC Guidelines mandating completion of final year exams by universities before September 30. The first issue was whether the Guidelines prescribed under Section 12 of the UGC Act were beyond the UGC's competence referable to E-66. While answering the question in the negative, the SC passingly noted that mere conduction of examinations would not be included under E-66 (MDC, para.101). For them, 'standards of examination' – which included 'the manner in which the papers are set and examined and the clinical performance is judged' – was contained within the phrase 'standard of education'. UGC governs over thousands of colleges and several hundred universities throughout India, and not all those institutions would have students socially and economically capable of travelling to different cities for giving examinations, or afford safe means of transportation . The hearing concluded with the top court reserving its judgement on the pleas. The judgment will appear on the defendant’s credit … Not only does the SC – in its 160-page judgment – fail in its duty to logically appraise the existing position of law, it also adopts a surprisingly un-empathetic approach towards the plight of the students . pic.twitter.com/a14orgZmDj — Alakh Alok Srivastava (@advocate_alakh) August 27, 2020 09:15 (IST) 28 Aug 2020 UGC latest news: The Supreme Court is likely to announce its final verdict on the petitions challenging the University Grants Commission (UGC) guidelines issued on July 6 exams before September 30 soon. The Supreme Court on Friday upheld the University Grants Commission’s directive to universities to hold final-year undergraduate and postgraduate exams by September 30 but left the door ajar for state governments to seek Covid-related postponements. Thus, the SC's misinterpretation (of arguments and law) led them to go beyond what E-66 has been historically interpreted to mean, and creates friction within the existing position of law. As government allows cinemas to open with 100% occupancy, keep these guidel... Mumbai local trains resume services for general public today, here's a... Budget 2021: FM Nirmala Sitharaman dons red saree for Budget presentation. Supreme Court Verdict On UGC Guidelines: The Supreme Court on Friday said that final year university exams must be conducted. Budget 2021: Over Rs 2,000 crore alloted to international organisations - B... Budget 2021: Key takeaways from Finance Minister Nirmala Sitharaman's... PM Modi hails Union Budget 2021: Here's what he said - 6 points, Here's how key leaders reacted to the Union Budget 2021. Furthermore, the judgment has also created friction within the existing framework of law. However, considering that the decision was specifically in regards to Section 12 of the UGC Act, a future bench might yet distinguish its reasoning on facts. On 6 July 2020, the University Grants Commission ('UGC') released guidelines directing all colleges, universities and institutions of higher education to conduct final year/ terminal semester examinations before 30 September 2020 ('Guidelines'). Telegram allows import of WhatsApp chat history on iOS devices. Second, clause 6 of the Guidelines required Universities 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 COVID-19'. Datar further replies that the most important aspect in the proceeding today is the welfare of the … 3178 of 2007, which by reason of a judgment and order dated 20.7.2007 was disposed of by remanding the matter to the High Court for fresh consideration observing that UGC as well as appellant - University should be impleaded as parties in the writ petition. UGC Exam Guidelines 2020 Live Updates: The UGC has decided that no student is to be awarded the degree without getting the final year education. Here's how internet reacted to name of Virat Kohli-Anushka Sharma... Aamir Khan switches off his phone due to THIS reason! On 6 July 2020, the University Grants Commission ('UGC') released guidelines directing all colleges, universities … These Guidelines had been released at a time when the number of COVID-19 cases continued, and still do, to increase exponentially with every passing day; and have added to additional stress on universities, colleges and students across the country. technical programmes through distance education? The anxious wait of the final year students of universities across India is over, as the Supreme Court has said that Exams are Mandatory but the states can approach the UG for the postponement of Exams. A default judgment can give the plaintiff what he or she wants because the defendant did not tell his or her side of the story. E-66 reads as follows: Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions. The OM only lists the protocols colleges and universities are to follow after the students enter inside the campus to give their examinations. It does not consider the risks they would be exposed to before or after that – considering that many students would have to cross borders and cities to appear for their exams in person. India expresses 'deep concern' over Myanmar coup, urges upholding... Military stages coup in Myanmar, Aung San Suu Kyi, other leaders of ruling... Who will win Nobel Peace Prize 2021? The University Grants Commission has now been asked by the apex court to submit a reply within 3 days. Publish Date: Tue, 18 Aug 2020 02:32 PM IST facebook Further, it is bewildering how setting one uniform date throughout the country for examinations was enough to treat unequals as equals in a reasonable way. Therefore, the standards of questions in an exam, their difficulty levels, who would correct and formulate the questions, and other aspects of like nature would ideally fall within the bracket of 'standard of examinations' as a taxonomy of 'standard of education' under E-66. The UGC has said that there was enough time to conduct the examinations in a manner that the universities see fit. Exams Supreme Court verdict on UGC final year exams today The bench is going to pronounce the judgment on whether states can cancel or postpone the university final year exams. Case was heard by a three judge bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah. Put simply, the petitioners never argued that the UGC could not conduct the exams. The SC pronounced its judgement on the batch of pleas challenging the UGC’s guidelines that direct universities and colleges to conduct final year exams by September 30 amid the COVID-19 pandemic. And in light of the exponential rise in the number of COVID 19 cases, it was contended that 'lakhs of students, teaching and nonteaching staff will be forced to risk their health and lives of their family members if they are asked to participate in the Final year/ Terminal examination' (Praneeth, para.76). The examinations are to be conducted by the respective Universities only. Subscribe to Live Law now and get unlimited access. written by admin August 18, 2020 On Tuesday, in a batch of petitions challenging the July 6 directive of the University Grants Commission (UGC) to the Universities to hold final semester examinations by September 30, the Supreme Court reserved judgment. In the present case, there is no claim on behalf of the UGC that it is the UGC which shall conduct the examination of the graduate and postgraduate students. But the Supreme Court ruled that "internal assessments will not suffice." (Burhaan Kinu/HT PHOTO) india news. This clearly misses the point. SC on UGC Guidelines & Final Year University Examinations: August 14 hearing – key takeaways. What is the Supreme Court Judgement dated 03/11/2017 reg. Judgement . The Constitution Bench in paragraph 101 has used the expression 'not include conducting of examination etc.' अदालत में UGC ने अपना पक्ष रखते हुए कहा कि देशभर के विश्‍वविद्यालयों को आयोग द्वारा जारी निर्देशों का पालन करना अनिवार्य है। इसलिए कोई भी राज्‍य सरकार आयोग के निर्देशों के खिलाफ परीक्षा रद्द The Supreme Court is presently hearing the challenge made to the University Grant Commission's guidelines (UGC guidelines) that require universities to conclude their final year examinations amid the COVID-19 pandemic. Article 14 concerns 'equality' before law, and courts must ideally acknowledge that the impugned law leads to unequal treatment before deciding whether such treatment was 'reasonable' or not; and they clearly did not do so although such treatment is violative of Article 14. In the last hearing held on August 18, the Supreme Court has reserved its judgment and had asked all the parties to file written submissions, if any, within a … Supreme Court refused the prayer to quash the University Grants Commission (UGC) guidelines to conduct the final year examination. The Supreme Court is hearing a plea filed by students against the UGC’s July 6 order to conduct final year exams by September 30. The UGC had on Thursday filed an affidavit in the Supreme Court saying that the decision of Delhi and Maharashtra government of cancelling the final term examination directly will "directly impact the standards of higher education in the country". The Supreme Court is scheduled to pronounce its verdict on Friday on the pleas challenging the decision of UGC asking universities and colleges to conduct final year exams by September 30 amid the COVID-19 pandemic. Check full list of nominees here, WHO probe team visits Wuhan market where first COVID infections were traced. 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