Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | University grant commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Education/Educational Institutions:Guidelines dated 06.07.2020, issued by University GrantsCommission (UGC) – Directing the Universities/ Colleges to completeterminal semester/ final year examinations by 30.9.2020 – Ministryof Human Resource Development by OM dated 06.07.2020formulated SOP for conducting the examinations as per the UGCGuidelines which was settled by Ministry of Health and FamilyWelfare – Ministry of Home Affairs permitting to conduct theexamination – State of Maharashtra as well as Maharashtra StateDisaster Management Authority, in view of situation due to pandemicCOVID-19 took decision not to hold examination for the final yearcourses and to promote the students on the basis of previousperformance and internal assessment of the students – Writ Petitionchallenging the UGC Guidelines and the Orders of Ministries beingultra vires Arts. 14 and 21 of the Constitution – Orders of State ofMaharashtra and State Disaster Management Authority alsochallenged – Held: The UGC Guidelines are statutory having beenissued in exercise of power u/s. 12 of the UGC Act – They are notbeyond the domain of UGC as they relate to co-ordination anddetermination of standards of education in institutions of highereducation – The Guidelines are in compliance with s. 12 of UGCAct – They are neither unreasonable nor arbitrary and hence notviolative of Art. 14 – SOP for conducting the examinations showsthat UGC and the ministries are fully concerned with the health ofall the stakeholders and hence the Guidelines are not violative ofArt. 21 – The UGC Guidelines being referable to UGC Act, 1956which was enacted in reference to Entry 66 of List I of VII Schedule,shall have precedence as compared to any decision taken by theState – Therefore, the decision of the State and Disaster ManagementCommittee to promote Final year/ terminal semester examinationbeing not within domain of Disaster Management Act and beingcontrary to guidelines issued under Central enactment, cannot beupheld – However the OM and letter of Central Governmentpermitting for holding the examination shall not fetter the power ofthe State Disaster management Authority to take appropriatemeasures to contain the pandemic – Hence, UGC Guidelines in sofar as it directs holding of examination by 30.09.2020 shall beoverridden by any contrary decision taken under DisasterManagement Act, 2005 – The State is at liberty to seek extention ofdeadline of 30.09.2020 – Constitution of India – Arts. 14 and 21VII Schedule List I Entry 66; List II Entry 25 – University GrantsCommission Act, 1956 – s. 12 – Disaster Management Act, 2005.University Grants Commission Act, 1956:s. 12 – Interpretation of – Expression ‘other bodies’ used inopening part of the Section, would not include State DisasterManagement Authority or health experts – It is not mandatory dutyof University Grants Commission to consult with the Universities orother bodies concerned, in all cases – The expression “inconsultation with Universities or other bodies concerned” has tobe read to mean where consultation is necessary. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 519 |
Petitioner | Praneeth K. And Ors. |
Respondent | University Grants Commission (ugc) And Ors. |
SCR | [2020] 8 S.C.R. 917 |
Judgement Date | 2020-08-28 |
Case Number | 724 |
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