NEWS: [Final Exams Amidst COVID-19] Karnataka HC Requests VTU to Consider if “Special Chance Exams” can be Performed Online

By Legal Wires 9 Minutes Read

The Court stated that it was not feasible to order for the online conduct of final exams slated for September. However, the University should analyze if first chance exams can be done online, it said.

The Karnataka High Court refused to pass any directive for the online conduct of University final year exams in Karnataka, because of ideas made by Visvesaraya Technical University (VTU) that they did not come up with the infrastructure & human resources in place for organizing online exams.

Instead, Justice Sunil Dutt Yadav asked the VTU to look at if “special chance exams” to be performed for students who may not be able to show for the final exams can be conducted in online mode.

The University is likely to file a detailed affidavit on this issue, after due discussion with experts, by September 25, when the Court will hear the issue next.

The Court was hearing a plea regarding the University Grants Commission’s Guidelines (UGC Guidelines) instructing the conduct of final year University examinations by September last this year, during the COVID-19 pandemic (Vedant v. Union of India).

While the UGC guidelines give it to the concerned Universities to decide whether the exam can be performed online, offline, or in blended mode, the petitioners had requested for the exams to be conducted online, provided the COVID-19 situation in Karnataka.

Background

The Karnataka High Court on Wednesday queried the VTU if they can give both online and offline options to students for giving final year examinations as per the instructions of the University Grants Commission (UGC).

A single bench of Justice Sunil Datt Yadav asks over the counsel for the VTU to get directions on this query and respond by 1.30 PM today.

The case hearing had gone over till 1.30 PM today. Advocate Bhargav Bhatt, on behalf of the petitioners-students, presented that they were requesting the option of exams through online mode as well. He further indicated that the guidelines released by the Ministry of Human Resources Development give for the option of online exams. Advocate Bhargav Bhatt continued that not for once, VTU has given any valid reasons for conducting the offline exams. Keeping in mind the current situation, Karnataka is not conducive. 14-days home quarantine is compulsory for all the people coming from outside Karnataka. Hence not only traveling is a problem but staying too.

The counsel for VTU cited practical difficulties in conducting online exams. He stated that 70,000 students would be performing for exams & about 1 lakh students who have backlog will be arriving. The first issue will be the dissemination of exam papers. The second will be who will examine the students who gave online exams.

Bhatt requested to counter these submissions by stating that 95% of the students underwent internal exams through online mode only.

Underlines of the Order Passed –

In any judgment to be taken, the concern/interest of the students to be leading.
In this time of COVID-19, no matter what technical options that could be applied should be explored.
The University is directed to reexamine the issue to examine whether first chance exams can be performed online. The University is to take aid and counsel from experts to the extent feasible, and factor in the students’ complaints. The number of “special chance exam” students may be less significant, so University may be in a situation to make a better decision after the exam is done
The matter has been displayed on September 25, i.e., nearly a week after the final exams. The VTU final exam is due to be performed on September 15, Court was told. The Court said that this time is enough for the University to reconsider the issue.
By September 25, the University must file a comprehensive affidavit after taking note of the Court’s directives of today & yesterday.
The University should not forget that the final exam would have a significant effect on the students’ prospects. The University is likely to explore all complaints made by students with all seriousness.
The State has presented that the SOPs relevant for the CET exam performed in Karnataka earlier (amid the pandemic) would be pursued in the conduct of these exams.
Selection of Grievance Redressal Officer
VTU’s submissions: Court has held on practical record problems expressed by VTU in taking the exams online. VTU has presented that they will try to take the first chance exams “little quicker than December or January.”
UGC has been instructed to obtain instructions on its position in the matter. The UGC today informed the Court that it is up to the University to choose whether it is adept of conducting the exams online and that there are UGC rules to allow its online conduct if the University wants to do so. The counsel included that the UGC needs some time to respond to suggestions by students for having an online choice for the particular chance exam.

Advocate Bhargav Bhat asked the Court to direct the University to react on the feasibility of organizing the special chance exams by next week, be of interest to the students.

Bhat indicated that the students would then be capable of making an informed decision on whether to join the September exams in person.

The Court, however, pronounced that it is not likely that the University would be in a situation to decide by then.

If the University says it is incompetent to conduct the first chance exams online, the Court will then deem suitable passing orders, Justice Yadav said.

The Court today noted that the primary concern should be to protect the relevance of the students and that the University & other organizations have to step up given this. Justice Yadav added that a survey may be made of other Universities that have by now conducted the exams.

The State has presented that there would be no obstacle citing quarantine constraints for students appearing for the exam.

The plea had argued the UGC’s July 6 rules mandating the conduct of final-year examinations by September last as illegal, burdensome, arbitrary & as hitting at the core of Articles 14, 19, and 21 of the Constitution. The petitioners were last-year engineering undergraduates at the Bangalore Institute of Technology.

During the hearing yesterday, the petitioners explained that they are only asking for the exams to be conducted online, provided that the main task to the UGC guidelines is awaiting before the Supreme Court.