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2020 Supreme(P&H) 1022
IN THE HIGH COURT OF PUNJAB AND HARYANA
Arvind Singh Sangwan, J.
Dental Surgeons Association Of India And Another - Appellant
Versus
State Of Punjab And Others - Respondent
Civil Writ Petition No. 9147 of 2020
Decided On : 06-07-2020
Randeep S Surjewala, Advocate, H.S. Lalli, Advocate, Monica Chhibber Sharma, Advocate, Nitin Kaushal, Advocate, Manpreet Singh, Advocate
The central legal point established in the judgment is the importance of compliance with disaster management provisions and COVID-19 guidelines, and the court's emphasis on the University's adherence to proper procedure and necessary precautions in conducting the examinations.
Headnote:
Disaster Management Act - Examination Notifications - Section 38, Section 39, Section 72 - The court discussed the provisions of the Disaster Management Act, 2005, emphasizing the responsibilities of the Central and State Governments in disaster management. The court highlighted the compliance with guidelines and advisories issued by the University Grants Commission and the Dental Council of India, and the University's adherence to proper procedure and necessary precautions in conducting the examinations.
Fact of the Case:
The petition sought to quash examination notifications for M.D.S. and B.D.S. issued by the University, citing violation of Disaster Management Act and COVID-19 guidelines. The University defended its decision, stating that necessary precautions were taken and students tested negative for COVID-19 after quarantine.
Finding of the Court:
The court found no grounds to interfere with the petition, emphasizing the University's compliance with guidelines, the limited number of students appearing for the exams, and the negative COVID-19 test results of quarantined students.
Issues: Violation of Disaster Management Act, compliance with COVID-19 guidelines, and the University's decision to conduct examinations amidst the pandemic.
Ratio Decidendi: The court emphasized the University's adherence to proper procedure, compliance with guidelines, and the negative COVID-19 test results of quarantined students as reasons for dismissing the petition.
Final Decision: The civil writ petition was dismissed by the court.
JUDGMENT
Arvind Singh Sangwan, J. - Cm No.5988-CWP of 2020
Heard.
Allowed as prayed for.
Documents (Annexures P-19 to P-27) are taken on record subject to all just exceptions.
CWP No.9147 of 2020 (O&M)
2. Prayer in this civil writ petition is for issuance of a writ in the nature of certiorari for quashing the impugned examination notifications dated 01.06.2020 and dated 02.06.2020 (Annexures P-5 and P-5A, respectively), vide which the respondent No.2 Baba Farid University of Health Sciences (hereinafter to be referred to as 'the University') has notified that the examination for Master of Dental Surgery (M.D.S.) and Bachelor of Dental Surgery (B.D.S.) schedule to commence from 07.07.2020 with a further prayer to issue a writ in the nature of prohibition restraining the University from holding the examinations until proper guidelines, arrangement and infrastructure is made available for unlocking the Universities and Colleges, to be notified under the Disaster Management Act, 2005 (in short 'the Act') by the Central/State Authorities and also to quash the undertaking/affidavit (Annexure P-17) vide which the respondents/authorities have asked for undertaking from the students regarding COVID-19 infection.
3. During the course of arguments, the counsel for respondent No.2 University has produced the affidavit of Dr. G.C. Ahir, Registrar, Baba Farid University of Health Sciences, Faridkot, alongwith Annexures 'A to G', which is taken on record.
4. Counsel for the petitioner has argued that petitioner No.1 is an Association of the Dental Surgeons of India and petitioner No.2 is a Welfare Association of Dental Students of India and the aims and objects of both the Associations are to take care of the interest of the Dental Surgeons and to improve imparting of dental education. It is further submitted that on 30.05.2020, Ministry of Home Affairs, Government of India, issued a Notification/Guidelines for phased reopening of the areas outside Containment Zones and Clause (II) of the guidelines provide that schools, colleges, educational/coaching institutions, etc. will be opened after consultation with the State and U.T. Governments, and also in consultation with the parents and other stakeholders at institution level and on the basis of the feedback, the decision to reopen of the institution will be taken in the month of July, 2020.
5. Counsel for the petitioner has further argued that thereafter, the University Grants Commission (UGC) also issued identical guidelines on 26.05.2020, and directed the Universities to establish student grievances cell in order to resolve their grievances regarding academic examinations, admissions, fees and salary of the faculty. It is further submitted that the respondent University, has not taken any action in compliance of the aforesaid guidelines and have not taken safety norms and has issued the impugned date-sheet for holding the exams commencing from 07.07.2020 without consulting or seeking advice from the stakeholders. Counsel for the petitioner has, thus, prayed that the impugned date-sheets dated 01.06.2020 and 02.06.2020 for M.D.S. and B.D.S. examinations, respectively are liable to be quashed.
6. Counsel for the petitioner has also submitted that even as per the clarification issued by the State of Punjab, the decision will be taken after 30.06.2020 in view of the fresh guidelines issued by the Government of India. It is further argued that by ignoring the guidelines, the University has issued a Notification dated 14.06.2020 calling upon the students to be present in the hostel before 20.06.2020, so as to make a process of 14 days self quarantine in the hostel itself and in case, the students fail to report by 20.06.2020, they were to make their own arrangement for quarantine.
7. Counsel for the petitioner has also submitted that there are steep hike in the cases of COVID-19 patients everyday and there are many Containment Zones in the State of Punjab and the petitioner Association has already
