Delhi HC issues notice to Centre, IP University, others on plea challenging exams in physical mode

The Delhi High Court on Monday issued notice to the Centre, Guru Gobind Singh IP University and others on a petition challenging the physical mode of examinations for BA LLB and BBA LLB programmes.

A Division Bench of Chief Justice DN Patel and Justice Prateek Jalan asked the Centre, Guru Gobind Singh IP University, Bar Council of India, University Grants Commission, Vivekananda Institute of Professional Studies, Amity University in Noida and listed the matter for further hearing on November 12.

The court was hearing a petition filed by various students including Sudhanshu Kathuria through Affinity Legal law firm by lawyers Jahnvi Sharma and Paritosh Dhawan.

The petition challenged the notifications dated September 30 issued by respondent whereby it has directed that the theory examinations for the regular, reappear, supplementary, mercy qua intermediate even semesters for the BA LLB and BBA LLB programs shall be held in physical mode from October 27, 2020.

"The subsequent notification dated 20/10/2020 issuing the date sheet for the said examinations in physical mode and the notification dated 22/10/2020 rescheduling the examinations to be now held from 02/11/2020. The same are violative of the guidelines issued by the University Grants Commission, the Ministry of Home Affairs, Government of India qua conduct of examinations," read the petition.

The petitioner has urged the court to set aside the notifications dated September 30 of Respondent University directing holding of examinations in physical format; notification dated October 20 being the proposed date sheet purporting to hold examinations in physical format from November 2 and notification dated October 22 being contrary to guidelines issued by the Central government and the UGC.

"...in the alternative in the event that physical examination are to be conducted as envisaged under press release dated 09/06/2020 & order dated 5/10/2020, the same be conducted within a reasonable period after restoration of normalcy & reopening & functioning of university and its colleges after lifting of lock down and not mandatorily within one month thereof as envisaged in the said documents dated 09/06/2020 & 5/10/2020," read the petition.

The students challenging the notification told the court that they have been undergoing studies through the preferred mode of online and distance learning since the break out of COVID-19

The notification issued by the respondent university is violative of the guidelines of the Ministry of Home Affairs, University Grants Commission, and that of the Bar Council of India, the petitioner said.

"That there are serious issues that need to be taken into consideration such as rented accommodations for out-station students, Covi-19 guidelines, isolation rooms, level of examination keeping in mind the unprecedented global pandemic, mode of examination as online or offline mode and the financial burden on their families as the pandemic had resulted in laying-off, loss of income, loss of jobs and strains on family incomes across the country on top of the mental agony being caused to the students as a result of an overburdening curriculum," the petition said.

( With inputs from ANI )