2020 Supreme(SC) 508

SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
PRANEETH K AND ORS. – PETITIONER(S)
VERSUS
UNIVERSITY GRANTS COMMISSION (UGC) AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO.724 OF 2020
WITH
YUVA SENA – PETITIONER(S)
VERSUS
UNIVERSITY GRANTS COMMISSION AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 739 OF 2020
WITH
YASH DUBEY AND ANR. – PETITIONER(S)
VERSUS
UNION OF INDIA AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 746 OF 2020
WITH
KRUSHNA GOVING WAGHMARE AND ORS. – PETITIONER(S)
VERSUS
UNIVERSITY GRANT COMMISSION AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 745 OF 2020
WITH
KAJAL MISHRA AND ORS. – PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. – RESPONDENT(S)
SPECIAL LEAVE PETITION (C) NO.10042 OF 2020 (Diary No. 15056 OF 2020)
WITH
WEST BENGAL COLLEGE AND UNIVERSITY PROFESSORS’ ASSOCIATIOIN (WBCUPA) AND ANR. – PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 741 OF 2020
WITH
SARTHAK MEHTA AND ORS. – PETITIONER(S)
VERSUS
UNIVERSITY GRANTS COMMISSION (UGC) AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 794 OF 2020
WITH
RITESH ANIL MAHAJAN AND ORS. – PETITIONER(S)
VERSUS
THE MAHARASHTRA STATE DISASTER MANAGEMENT AUTHORITY AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 814 OF 2020
WITH
KALICHARAM GAJBHIYE AND ANR. – PETITIONER(S)
VERSUS
THE MAHARASHTRA STATE DISASTER MANAGEMENT AUTHORITY AND ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 862 OF 2020
WITH
SOUVIK PAL – PETITIONER(S)
VERSUS
THE STATE OF WEST BENGAL – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 861 OF 2020
Decided on : 28-08-2020

IMPORTANT POINTS
(1) State and University cannot promote students in final year/terminal semester without holding final year/terminal examination.
(2) UGC is not obliged consult each and every University of each and every State for taking any measure with regard to coordination of university education and for determination and maintenance of standards of teaching examination in Universities.

Headnote:

(A) Disaster Management Act, 2005 – Section 72 – University Grants Commission Act, 1956 – Section 12 – Regulation 6.3 of UGC (Minimum Standards of Instruction for Grant of Master's Degree through Formal Education) Regulations, 2003 – COVID-19 Pandemic – Sustainability of Revised guidelines dated 06.07.2020 requiring Universities to complete terminal semester/final year examination by 30.09.2020 – There is no claim on behalf of UGC that it is UGC which shall conduct examination of graduate and postgraduate students – Examinations are to be conducted by respective Universities only – Guidelines dated 06.07.2020 are not beyond domain of UGC and they relate to coordination and determination of standards in institutions of higher education – Revised guidelines dated 06.07.2020 requiring Universities to complete terminal semester/final year examination by 30.09.2020 – Sustainability – Guidelines dated 29.04.2020 were issued with heading “UGC Guidelines on Examinations and Academic Calendar in view of COVID-19 Pandemic and subsequent lockdown” – With regard to examination of 2019-2020, several Universities have conducted examinations full or partial, some of Universities were yet to commence their examination – After outbreak of pandemic COVID-19, Neither any teaching could be done in colleges/ Universities nor any examination could be held for months together – Guidelines are advisory in nature and each University may chart out its plan of action taking into consideration issues pertaining to pandemic COVID-19 – However, it is statutory obligation of Universities to adopt Guidelines and Guidelines cannot be ignored by terming it as non-statutory or advisory. (Paras 62, 63, 65 and 67)

(B) Constitution of India – Articles 14 and 21 – Disaster Management Act, 2005 – Section 72 – University Grants Commission Act, 1956 – Section 12 – Regulation 6.3 of UGC (Minimum Standards of Instruction for Grant of Master's Degree through Formal Education) Regulations, 2003 – COVID-19 Pandemic – Constitutionality of revised guidelines dated 06.07.2020 requiring Universities to complete terminal semester/final year examination by 30.09.2020 – Revised guidelines are not violative of Articles 14 and 21 of Constitution of India – It is duty of State to take care of health of its citizens – Various measures taken by specified authorities under Disaster Management Act, 2005, are only with object to contain Pandemic and protect health of citizens of country – Both, earlier guidelines as well as revised guidelines have taken due notice of prevailing situation of Covid-19 and it cannot be said that expert body is unaware of Pandemic spread throughout Country – Criticism of guidelines that they are unreasonable does not inspire any confidence – Provision for giving special chance to appear in examination is also in interest of students to protect those students who due to any reason are unable to appear in examination – Every University/Institution has to ensure that it is prepared in all respect to carry out academic activity following necessary protocols, guidelines, directions, advisories issued by Central/ State Government from time to time in view of Covid-19 – Measures taken in revised guidelines are reasonable and criticism of guidelines that they are unreasonable and manifestly arbitrary are without any substance. (Paras 74, 75, 77, 78, 79 and 82)

(C) University Grants Commission Act, 1956 – Section 12 – Powers and functions of UGC – It cannot be said that UGC is obliged to consult all Universities or States before issuance of guidelines – There are more than nine hundred Universities in country and to require UGC to consult more than nine hundred universities for taking any measure will make functioning impossible and impractical – Any function which may be deemed necessary by Commission can be performed – Section 12 cannot be interpreted in a manner that for taking any measure with regard to coordination of university education and for determination and maintenance of standards of teaching examination in Universities, UGC should consult each and every University of each and every State and only then, such measures can be taken – For performance of its function by Commission, Commission of its own is fully competent to take decisions, issue any directions, guidelines, etc. – UGC is empowered to perform such other functions as may be deemed necessary by Commission – If Commission felt it necessary to issue guidelines after obtaining report from expert committee, no exception can be taken to procedure adopted by Commission – Guidelines dated 29.04.2020 as well as revised guidelines dated 06.07.2020 are general in nature and not confined to any particular university or any particular State – Guidelines dated 06.07.2020 cannot be said to be violative of Section 12 of UGC Act, 1956. (Paras 87, 88, 92, 93 and 94)

(D) Disaster Management Act, 2005 – Sections 14, 18 and 72 – Overriding effect of D.M. Act, 2005 – With regard to conduct of examinations, State authorities are competent to assess situation in a particular State regarding possibility of holding of examinations – No State shall permit health of its subject to be compromised – Saving of life of human being is given paramount importance and Act, 2005 gives primacy, priority to actions and measures taken under the Act over inconsistency in any other law for the time being in force – When State Disaster Management Authority and State Government take a decision that for mitigation or prevention of disaster it is not possible to hold physical examination in State, said decision was within four corners of Disaster Management Act, 2005 – However, decision of Disaster Management Authority or State Government that students should be promoted without appearing in final year/terminal semester examination, is not within domain of Disaster Management Act, 2005 – When State Disaster Management Authority and State Government take a decision that for mitigation or prevention of disaster it is not possible to hold physical examination in State, said decision was within four corners of Disaster Management Act, 2005 – However, decision of Disaster Management Authority or State Government that students should be promoted without appearing in final year/terminal semester examination, is not within domain of Disaster Management Act, 2005 – State and University cannot promote students in final year/terminal semester without holding final year/terminal examination – Prayer to quash revised guidelines dated 06.07.2020 issued by University Grants Commission and OM dated 06.07.2020 issued by Ministry of Human Resource Development and letter dated 06.07.2020 issued by Ministry of Home Affairs refused. (Paras 99, 104, 109, 110 and 111)

Facts of the case:

First group of writ petitions consists of petitions filed by students, youth organisations and teachers associations challenging the guidelines issued by University Grants Commission dated 06.07.2020, O.M. dated 06.07.2020 issued by Ministry of Human Resource Development and letter dated 06.07.2020 issued by Ministry of Home Affairs whereby all the Universities and Colleges across the country had been directed to conduct terminal semester/ final year examinations by 30.09.2020. A further relief has been sought directing respondents to declare the results of students of the final year/terminal semester examinations of all universities/ institutions of country on the basis of their past performance/internal assessment and to award mark-sheets and degrees. Second group of writ petitions are the writ petitions filed by students challenging the decision of the State Disaster Management Authority as well as of States (State of Maharashtra and State of West Bengal) for not holding final term examination. Further prayers have been made that State of Maharashtra as well as State of West Bengal be directed to comply with the UGC revised guidelines dated 06.07.2020 and O.M. dated 06.07.2020 of Ministry of Human Resource Development. Special leave petition has been filed against a common order dated 14.07.2020 passed by the High Court of Delhi in Writ Petition No. 3199 of 2020 and other connected matters by which the High Court noted schedule of examination in the Open Book Examination (OBE) mode by University of Delhi.

Findings of Court:

Decision taken by the State Disaster Management Authority/State not to hold final year/terminal semester examination by 30.09.2020 in exercise of power under Disaster Management Act, 2005 shall prevail over deadline fixed by University Grants Commission i.e. 30.09.2020 in respect to the concerned State. Decision of State/State Disaster Management Authority to promote the students in final year/terminal semester on the basis of previous performance and internal assessment being beyond the jurisdiction of Disaster Management Act, 2005 has to give way to guidelines of UGC dated 06.07.2020 directing to hold examination of final year/terminal semester. State and University cannot promote students in final year/terminal semester without holding final year/terminal examination – If any State/Union Territory in exercise of jurisdiction under Disaster Management Act, 2005 has taken a decision that it is not possible to conduct final year/terminal semester examination by 30.09.2020, liberty granted to such State/Union Territory to make application to University Grants Commission for extending deadline of 30.09.2020 for that State/Union Territory which shall be considered by UGC and rescheduled date be communicated to such State/Union Territory at the earliest.

Result : Writ Petitions disposed of with observations and directions. Special Leave Petition dismissed.