Karnataka High Court
Mr Vedant vs Union Of India on 29 September, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No. 9006/2020 (EDN-RES)
Between:
1. Mr. Vedant
S/o Abhay Kumar,
Aged about 22 years,
Permanent resident of Navin Colony,
Banuchhaper, Bettiah,
Bihar - 845 438.
And Presently working at
Lilawati Bhavan, Kila Mohalla,
Bettiah, Bihar - 845 438,
Email: [email protected]
2. Mr. Vishveshwara Guthal Gowda,
S/o S.G. Sundar Raju,
Aged about 21 years,
Residing at No.160,
6th Main, Nandakumar Layout,
Ramanjeneya Nagar, Uttarahalli,
Bengaluru - 560 061
Email: [email protected]
3. Mr. J. Subramaniyan,
S/o N. Jayaraman,
Aged about 21 years,
Permanent resident of RB-IV-211/A,
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Railway Colony Wadi,
Gulbarga,
Karnataka - 585 225.
And presently residing at
Flat No.3, Siddhivinayaka Residency,
Damani Nagar, Solapur,
Maharashtra - 413 001,
Email:[email protected]
... Petitioners
(By Sri Ajith P.B., Advocate)
And:
1. Union of India,
Ministry of Human Resource Development,
Through its Secretary,
Department of Higher Education,
122-C, Shastri Bhawan,
New Delhi - 100 001.
Email: [email protected]
2. State of Karnataka,
Through its Secretary,
Department of Higher Education,
Office at ACS Establishment,
2nd Gate, 6th Floor,
M.S. Building,
Bengaluru - 560 001.
Email:[email protected]
3. University Grants Commission,
Office at Bahadur Shah Zafar Marg,
New Delhi - 110 002
Represented by its Secretary
Email: [email protected]
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4. Visvesvaraya Technological University,
Jnana Sangama,
VTU Main Road,
Visvesvaraya Technological University,
Machhe, Belgaum,
Karnataka - 590 018
Represented by its Vice Chancellor
Email:[email protected]
... Respondents
(By Sri B. Pramod, CGC for R1;
Sri Showri H.R., HCGP or R3;
Sri Santosh S. Nagarale, Advocate for R4;
Sri Kiran Kumar, HCGP for R2)
*****
This Writ Petition is filed under Article 226 of the
Constitution of India, praying to set aside the following:-
the guidelines dated April 2020 issued by the R-3
insofar as it creates an artificial distinction between
final year students and intermediate students with
respect to their scheme of evaluation and prescribes the
conduct of examination for the students in the
terminal/final semester/year in universities and
institutions (at Annexure-A).
This Writ Petition coming on for further
consideration this day, the Court, made the following:
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ORDER
This Court by order dated 12.08.2020 had directed the University to explore the possibility of other than offline examination before arriving at a conclusion to hold the examination only in offline mode with respect to the 'Special Chance Examination' with regard to terminal/last semester examination.
2. By order dated 13.08.2020, this Court had taken note of the submission of the University as regards the tentative time schedule for the 'Special Chance Examination.' Though the University had made its stand clear as regards providing option of online examination, the University was directed to re-examine the said issue in light of the direction on 12.08.2020 and file a report by way of an affidavit. The University was also directed to take note of the suggestions from the students and experts regarding technical feasibility. Certain other directions were also passed to allay the 5 apprehension of the students who were to take offline examination that was to be held during August- September, 2020.
3. The matter was listed for further consideration this day.
4. The University has filed an affidavit on 24.09.2020 and it is submitted that the said affidavit is filed in compliance of the order dated 13.08.2020.
5. Learned counsel appearing on behalf of the University - Sri. Santosh S. Nagarale, submits that there has been complete compliance with the directions of this Court and suggestions from the experts have been taken and an expert committee which was constituted under the Chairmanship of Dr. N.V.R.Naidu has submitted its opinion. It is submitted that the Committee has considered the time schedule for holding of the 'Special Chance Examination' and as to feasibility 6 of holding online examination as an option in addition to offline examination to the students who were attempting the examination in the 'Special Chance.' It is further submitted that the committee has also examined as to the category of students for whom 'Special Chance Examination' is to be conducted and has concluded that the said examination would be held little ahead of December, 2020. The Committee is also stated to have concluded that the 'Special Chance Examination' taken would be treated as the Students' First Attempt. The committee has also concluded that the 'Special Chance Examination' would be conducted during last week of October, 2020 or first week of November, 2020. The conclusion of the committee is as detailed in paragraph-4 of the affidavit.
6. Insofar as the question of holding online examination, the committee has taken note of the notifications issued by the Jawaharlal Nehru 7 Technological University, Kakinada, Jawaharlal Nehru Technological University, Hyderabad and Jawaharlal Nehru Technological University, Ananthpuram, whereby the said Universities have conducted terminal examination in offline mode.
7. It is also noted that Anna University, Chennai had conducted online examination as regards multiple choice questions. The Committee had also noted in its report that there would be difficulty as regards online examination which are as follows:
1. Setting up the centralized Information Technology infrastructure ready to meet the requirements is next to impossible in the short time of about 2 months.
2. Difficulty to ensure identity of students and proctoring students when exams are ongoing requires large number of faculty and IT infrastructure to monitor them on video links. The biometric and any other such measures which are available only 8 with the users are not presently accessible to either the colleges or university.
3. Difficult in ensuring facilities like access device, network bandwidth and Electricity.
Non availability of device and interruption in network and electricity.
4. Delivering question papers to each student on time and starting and concluding exams simultaneously is a difficult task as the large numbers of students are located over a wide geographic area.
5. Once the examination is complete the uploading of standardization answer script to University after authentication by invigilator requires establishment of standard and technical feasible procedures which currently do not exist.
6. The scanned and uploaded answer scripts needs to be of standard size and resolution so that they can be utilized by digital valuation system employed by VTU.
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8. Accordingly, the committee has concluded that it was technically not feasible in the present circumstances to conduct online examination while noting that in future suitable technological solutions are required to be explored leading to improving the techniques to hold online examinations.
9. It is further submitted that opinions have been sought for from Mr. S. R. Kshirasagar, Technical Director, National Informatics Centre, Belagavi, report of Registrar (Evaluation), VTU and Report of Director, VTU Computer Network Centre. The University also had circulated communication dated 10.09.2020 to obtain feedback and suggestions with respect to conduct of examination through online mode. A table has been prepared at paragraph 5 of the affidavit detailing the information collected from the institutions and also the opinion of students. The affidavit also details report 10 obtained from autonomous colleges with respect to conducting terminal semester examination.
10. The University has further submitted that certain measures for the purpose of mitigating the difficulties of circumstances have been taken and Standard Operating Procedure, copy of which is marked as Annexure-R11, has been prepared keeping in mind the interests of students and students have been permitted to file applications from their own places and the University has also taken steps to take care of the grievances of the students through their respective colleges.
11. It is further submitted that the University had framed Additional Standard Operating Procedure for students who had been diagnosed as 'Covid-19 Positive'. Steps were taken to facilitate their appearance for the examination. The University further states that by communication dated 22.07.2020, all colleges were 11 instructed to follow Standard Operating Procedure as prescribed by MHRD and pursuant to such communication, undertakings were sought for from the colleges. The University further submits that necessary assistance has been sought for from the Government of Karnataka for smooth conduct of examination with a request to exempt home quarantine for students traveling from other States to appear for the terminal examination wherever home quarantine would be applicable and that the State Government has exempted home quarantine requirements as per the Circular produced at Annexure-R21. The University has also taken steps to obtain co-operation from the Government Higher Education Department as well as the District Commissioner, Bangalore, to enable smooth conduct of the examination and to facilitate students to move to the examination centre after verification of the Identity Card and Examination Hall Ticket.
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12. It is further submitted that necessary guidelines have been issued by the Home Ministry, specifically with respect to VTU examinations on the same lines as was applicable for SSLC and PUC examination.
13. The University has further submitted in its affidavit that permitting of home based online test would lead to difficulties relating to transparency, fairness and integrity of the examination and has relied on the observations of the Apex Court made in W.P.(Civil) No.1030/2020 in the case of RAKESH KUMAR AGARWALLA AND ANOTHER VS. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU AND OTHERS. It is stated that taking note of the opinion of the expert committee, it would not be technically feasible to hold online examination and the reasons assigned are found in paragraph No.19 of the affidavit. 13
14. Learned counsel for the petitioner, however, would submit that despite time, being available, the University has not stepped up to the needs of the present times and that the examination through online mode could have been taken note of in a serious manner. Learned counsel for the petitioner also submits that 'Special Chance Examination' ought to be made available even with respect to students who have failed, to enable improvement in the performance as examinations that were held through offline mode and taken by the students on the earlier occasion was under
circumstances where the students were under stress due to Covid-19 pandemic and had faced lot of difficulties and hence, requests for grant of one more chance by way of 'Special Chance Examination' even with respect to failed candidates.
15. After hearing the learned counsel on both the sides and perusing the detailed affidavit filed by the 14 University, it can be said that the University has applied its mind to the directions passed by this Court in its order dated 13.08.2020. The Expert Committee Report has been placed as Annexure-R1 and the Opinion Report of the University is placed at Annexure-R3. The University is of the opinion that considering paucity of time, for the present, it would not be possible to consider holding Special Chance Examination by online mode.
16. The Court does not intend to go beyond the opinion of experts as accepted by the University, as the decision has been taken on receipt of expert opinion which is solely within the decision making purview of the University and this Court cannot sit in judgment over the same.
17. Insofar as the request of failed students to take Special Chance Examination, the University has expressed its opinion that the Special Chance would not 15 be available to failed students. However, the University is at liberty to reconsider the said conclusion, if circumstances are so made out necessitating such reconsideration.
18. Insofar as the request of the counsel for the petitioners regarding the calendar being published in advance in order to ensure certainty and to permit the students to make necessary arrangements to travel, learned counsel for the University fairly submits that calendar and time schedule for the 'Special Chance Examination' would be published within ten days from today. It is further submitted that all measures have been taken and the State Government has also given assistance to the University by co-operating as regards the request of the University to enable smooth conduct of the examination and that same measures taken in the previous examination held during August- September, 2020 will be taken as regards the 'Special 16 Chance Examination' and wherever additional measures are to be taken, efforts would be made to take all such measures to ensure students who come to write examination would be in a safe environment and their apprehensions and grievances would also be taken note of by the Grievance Redressal Mechanism as has already been set up.
19. Accordingly, this Court finds no further directions need be passed. This Court records appreciation of the assistance by the learned counsel for the petitioners who have made submissions as regards the student community at large without confining the submissions only as regards the petitioners herein. This Court also records appreciation of the learned counsel for the University insofar as the University has put forth its stand after a detailed consideration, with due application of mind.
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20. Accordingly, no further orders are called for and the writ petition is disposed off.
Sd/-
JUDGE VP