VTU High Court Order on Conduct of Exams

The Karnataka High Court Judge S.Sunil Dutt Yadav passed an order to VTU on 13th Aug 2020 regarding the conduct of exams online. However, the case has been adjourned to 25th September 2020 for further consideration.The next hearing will be on 25th September 2020.

VTU High Court Order Extract

1.This Court had passed certain directions on 12.08.2020 calling upon the fourth respondent – Visvesvaraya Technological University to respond as to the feasibility of having an option of online examination in addition to offline examination with respect to ‘special chance’ which is a final opportunity that the students could avail if it was not possible to attend the examination scheduled on the first occasion.

2. The fourth respondent–University was also directed to mention tentative time schedule within which the ‘special chance’ would be afforded. Certain directions were also made to the State Government to respond as regards the relaxation of home quarantine and other measures to be adopted for the students coming to write the examination from outside the State.

3. Today when the matter was called, all the learned counsel appearing for the parties have been heard as regards to the directions passed by this Court on 12.08.2020.

4. Insofar as the directions made to the fourth respondent– University, the University has filed a memo stating the practical difficulties in holding the online examination, morefully detailed at para-5 of the memo.

5. It is further submitted as regards the tentative time schedule for affording ‘special chance’ as per UGC Guidelines to conduct the said examination, the University would endeavour to conduct the examination ‘little earlier than December/January’.

6. Learned counsel for the petitioners would submit that the difficulties that are made out at para-5 of the memo which are purely technical difficulties could be overcome through the use of appropriate technology and by adopting a creative approach.

7. It is further submitted that the fourth respondent – University ought to take cue from other Central Universities which have held online examination wherein, the students taking examination are spread out in various geographical locations of the country.

8. It is further submitted that the students are open to submitting their proposals which would take care of the difficulties as expressed by the University and if the suggestions are taken note of, the University may be in a better position to arrive at an informed decision.

9. Finally, it is submitted that the interests of students should be the foremost consideration while taking any decision in the matter and administrative or technical difficulties ought not to come in the way of taking a decision which is best suited to take care of the interests of students.

10. Learned counsel appearing for the third respondent– University Grants Commission would submit that they require some time to respond to the submissions made by the students for having online option atleast for the ‘special chance.’

11. It is to be noticed that the contentions taken by the petitioners are not only limited to the petitioners herein, but any decision to be taken would have an impact as regards on the other students who are similarly placed also. It is further to be taken note of that any decision that is to be taken must be taken keeping in mind the best interests of students. In these times of COVID-19 pandemic, it is expected that whatever technological solutions that could be feasible need to be explored.

12. The University needs to keep in mind that final examination to be taken by the students will have a great impact on their future and career prospects and bearing in mind that it is a final opportunity, it is expected that the University would explore all the possibilities of trying to address the grievances of petitioners with all seriousness.

13. Though the University has filed a memo, the University is directed to re-examine the question in light of directions made by this Court on 12.08.2020 and on this day and file a report by way of an affidavit.

14. The University is to take note of the suggestions, if any, from the students, avail assistance and counsel from the experts regarding technical requirements and an appropriate response may be communicated in the affidavit to be filed.

15. In light of the fact that ‘special chance’ examination is to be held after the current set of examination, the number of students who may avail of the ‘special chance’ would also be of considerably smaller number and hence the University may be in a better position to take appropriate decision after the current examination has come to an end. As the current examination would come to an end on 15.09.2020, the matter may be listed thereafter and accordingly the time that is available to the University to reconsider would also be sufficient.

16. In the meanwhile, the third respondent – University Grants Commission to obtain necessary instructions and make their stand clear as regards the observations made on this day as well as on 12.08.2020.

17. Insofar as the directions that were made to the State Government, learned Government Pleader appearing for the respondent–State makes a submission that Standard Operating Procedures (SOPs) that were framed during the Common Entrance Test (CET) would be made applicable even with respect to the examination to be conducted by Visvesvaraya Technological University.

18. Judicial notice is taken of the apprehensions of students and also that despite Guidelines being clear, there may be difficulties faced by the students when they enter the City in order to attend the examination to be held offline. In order to take note of and address the grievances of students coming from outside the State, the respondent No.2 to appoint a Designated Officer, who alongwith the Registrar, Visvesvaraya Technological University would together attend to the grievances of students, including the petitioners who come from outside the State.

19. The contact details of the Designated Officer as well as the Registrar, Visvesvaraya Technological University to be put on the website of Visvesvaraya Technological University to enable the students to contact the concerned and get their grievances addressed.

List the matter on 25.09.2020 for further consideration.