The Supreme Court, in its judgment on August 28, had declared the UGC circular mandating final year examination as correct.
The petition seeking clarification on the first and second year examination appeared before the same bench which gave its decision on the final year examination.
It is up to the university to take the first and second year exams. If a university wants it can do so. The Supreme Court has said this while dismissing a petition. The petitioner raised the issue of conducting examinations on behalf of some universities including IGNOU.
IGNOU student filed a petition
In the petition of Indira Gandhi National Open University (IGNOU) student Ayush Yesudas, it was said that all the universities have promoted their students by canceling the first and second year examinations. But IGNOU has said in the circular issued on July 22 that it will take the exam in December. Doing so will not only endanger the health of the students, but will also deprive them of the right to equality as other universities are not taking the exam.
Supreme Court upheld UGC circular
The Supreme Court, in its judgment on August 28, had declared the UGC circular mandating final year examination as correct. The court had said that the circular issued on July 6 comes under the jurisdiction of the UGC. According to that circular, every university will have to complete the final year examination by September 30. If a state government decides to postpone the examination under the Disaster Management Act, then there can be an examination later with the consent of the UGC. But the students given the final year examination will not get the degree.
The petition seeking clarification on the first and second year examination appeared before the same bench which gave its decision on the final year examination. Prateek’s lawyer Prateek Bombarde told the bench headed by Justice Ashok Bhushan that IGNOU is taking the final year examination in September like the rest of the universities. But like them, the first and second year students have not been promoted. The students have been told that the exam will be taken in December.
If the petitioner wants to submit a memorandum to his university and ask for it- SC
On this, the bench said that the final year examination has been made mandatory in the circular of the UGC. But there is no denial even on the rest of the examination. His decision has been left on the university. The court said that if the petitioner wants to submit a memorandum to his university, he can keep the demand. But the petitioning party demanded the order from the court itself. The court dismissed the petition as unwarranted.