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A division bench of the Bombay excessive court docket (HC) has known as for the University Grants Commission (UGC) to be made a celebration to a public curiosity litigation (PIL) that has challenged a Maharashtra authorities decision (GR) of June 19 which determined to not conduct exams for skilled and non-professional programs because of the Covid-19 pandemic. The bench additionally requested the state to answer the petition.

The PIL filed by Dhananjay Kulkarni, a retired instructor from Pune, has said that as a result of UGC was the regulation authority, Maharashtra state was not empowered to determine and announce the mode of evaluation for final-year college students, and has sought to put aside and quash the GR.

The division bench of justice AA Sayed and justice MS Karnik was knowledgeable by Kulkarni’s advocate Uday Warunjikar that the choice of the upper and technical schooling ministry to not conduct exams for skilled and non-professional programs was not legitimate.

The GR had said that college students of non-professional programs who’ve cleared all earlier semesters and don’t wish to seem for final semester exams of their ultimate yr ought to submit their choice in writing to their respective universities. These college students can be awarded a rating based mostly on the common of their combination marks of earlier semesters and supplied with outcomes.

The GR had additionally provided an exception for these college students who weren’t glad with their rating and wished to fare higher, to present a written enterprise to the impact which might allow them to take an non-obligatory examination later.

It had said that it won’t be able to conduct final-semester exams {of professional} programs like engineering, pharmacy, lodge administration, structure, planning, administration research, laptop research, legislation, bodily schooling, and pedagogy, however had given college students the choice to take the examination for higher scores later.

The plea said, “There is an artificial classification made by the state among students admitted to professional and non-professional courses. If the state government is not going to conduct examinations for non-professional courses because of the coronavirus outbreak, there is no reason to conduct exams for professional courses either. There is no logic behind the decision and it is arbitrary and unreasonable and therefore, the court’s intervention is required.”

Warunjikar additional submitted that the twin evaluation technique provided to the scholars within the GR was with out logic, and such strategies can’t be adopted whereas granting levels.

“Such an exercise is unknown to the educational field, and therefore, there is non-application of mind on the part of the state,” mentioned Warunjikar, and submitted that even the Maharashtra Public Universities Act, 2016 didn’t allow the state authorities to take such a choice, and solely the UGC might take such selections. Hence, he mentioned, the choice was past the purview of the provisions of the UGC Act as effectively.

The plea said, “The hanging sword of uncertainty is faced by final-year students and the GR is not clear as to when the exams will be conducted and the academic year will get over. The fate of a large number of students who wish to take admission for post-graduation courses is kept hanging.”

Stating this, the petitioner sought from the court docket to quash and put aside the GR, and pending listening to sought a keep on the identical. After listening to the submissions, the court docket directed that UGC also needs to be made a celebration to the PIL and directed the state to file a response to the plea inside every week, the court docket posted additional listening to on July 17.

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