Indian Kanoon - Search engine for Indian Law

Delhi High Court

Anupam & Ors. vs University Of Delhi Through Its ... on 22 July, 2020

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                                                           SINDHU KRISHNAKUMAR

                                                                                           22.07.2020 22:36


                                $~12
                                *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                           Date of Decision: 22nd July, 2020
                                +      W.P.(C) 3946/2020 & CM APPLs. 14163-65/2020, 14172/2020
                                       ANUPAM & ORS.                                    ..... Petitioners
                                                    Through:          Mr. Akash Sinha, Mr. Shubham
                                                                      Saket, Ms. Kanika Roy, Mr. Indrajeet
                                                                      Singh and Mr. Gaurav Prakash Shah,
                                                                      Advocates.
                                                                      Mr. Shivankar Sharma, Advocate for
                                                                      Intervenors.
                                                          versus

                                       UNIVERSITY OF DELHI THROUGH ITS
                                       REGISTRAR & ORS.                         ..... Respondents
                                                     Through: Mr. Sachin Datta, Senior Advocate
                                                              with Mr. Mohinder Rupal and Mr.
                                                              Hardik    Rupal,     Advocates     for
                                                              R1/University of Delhi.
                                                              Mr. Tushar Mehta, ld. Solicitor
                                                              General with Mr. Apoorv Kurup, Ms.
                                                              Nidhi Mittal, Mr. Siddharth Nigotia
                                                              and Dr. Vikas Gupta, JS for R-2
                                                              /UGC.
                                                              Ms. Sunieta Ojha, CGSC for UOI.
                                       CORAM:
                                       JUSTICE PRATHIBA M. SINGH
                                Prathiba M. Singh, J. (Oral)

1. This hearing has been done by video conferencing.

2. Pursuant to the order of the ld. Division Bench dated 14th July, 2020, this matter has been listed before this Court. The order of the Ld. Division Bench reads:

"HEARD THROUGH VIDEO CONFERENCING CM Nos. 14163/2020, 14164/2020 & 14165/2020 (Exemption) Allowed, subject to all just exceptions. W.P. (C) 3946/2020 & CM 14172/2020 (for impleadment)

1. The present petition has been received on transfer from the Board of a Single Judge. As we understood, the reason for transferring the matter to this Bench was to examine the delay in conducting the online OBE mode of examination and not the method of evaluation that the University proposes to adopt for the final year students.

2. The scope of the other connected petitions before us is not the method of evaluating the final year students. In other words, the online mode of examinations adopted by the Delhi University has not been assailed in the matters placed before us. The petitioners in the said petition are aggrieved by the lack of preparedness on the part of the Delhi University for conducting the examinations for the final year students through the online OBE mode, which aspect we are continuing to examine.

3. That being the position and in view of the statement made by learned counsel for the petitioners that the prayer of the petitioners herein, is that no manner of examination be conducted to assess final year students and instead, they be simply evaluated on the basis of their past performance and the OBE mode of examination be not adopted to assess them, we do not propose to link this petition with the other petitions pending before us.

4. The present petition is accordingly detached from the batch of petitions and is directed to be listed before the learned Single Judge for further proceedings on 20.07.2020."

Thus, the question as to the method of evaluation that the University of Delhi (hereinafter, "DU") proposes to adopt for the final year students is to be examined by this Court in the light of the prayer in the writ petition which reads:

"a. Issue an appropriate writ, order or direction in the nature of mandamus or any other writ or direction as this Hon'ble Court may deem fit in the interests of justice, thereby directing Respondent No.1 to withdraw its notifications dated 27.06.2020, 30.05.2020 and 14.05.2020. b. Alternatively issue an appropriate writ, order or direction in the nature of mandamus or any other writ or direction as this Hon'ble Court may deem fit in the interests of justice, thereby directing Respondent No.1 to evaluate the final year students based on the previous years' or semesters' results in the same manner as the Respondent University has planned to promote the first and second year students of the Respondent University."

3. All the writ petitioners are final year students of various courses in DU. Interventions were also filed by five students from Lady Sri Ram College, Delhi. This petition was first listed on 6th July 2020 on which date various grievances against the conduct of the Online Open Book Examinations (hereinafter "OBE examinations") were placed before the Court. The Court was informed that there are several glitches in the online portal of DU and considering the diversity of the students in DU who are from all over the country, it may not be feasible for all students to give the OBE exams due to lack of internet connectivity and computer facilities. DU had however expressed their preparedness to conduct the examination. On the said date UGC was awaiting the report of the Committee headed by Prof. W.P.(C) 3946/2020 Page 3 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 R .C. Kuhad. The Court had then directed as under:

"Accordingly, it is directed as under:

i) UGC's Committee headed by Prof. Kuhad shall submit its report to the authorities concerned by 7th July, 2020 and the said report shall be placed on record on 7th July, 2020 by 4:00 pm i.e., when the matter is now listed. The UGC and the Ministry of HRD shall take a specific stand as to whether they recommend cancellation of final year examinations. Responsible officials from the Ministry of HRD and UGC shall join the hearing tomorrow i.e., 7th July, 2020 at 4 pm;

ii) Secondly, the DU shall place on record the following data:

a) The number of students who are studying in the final year of DU and the number of students who are registered for the final year examinations to be conducted through the online process;

b) A state-wise break-up of the students and from where they have to take the examinations;

c) Preparedness of the website portal for handling of the traffic during examinations, keeping in mind the recent technical glitches faced by students during the mock exams;

d) The schedule of examinations i.e., evaluation of papers, date for announcement of results and date for issuance of transcripts. While preparing and placing on record the schedule before this Court, DU shall bear in mind the deadlines for all the final year students who have to seek employment, deadlines for postgraduate entrance examinations, deadlines for submission of documents to international universities where students may have secured admission etc."

4. The UGC, on the same day, issued circular dated 6th July 2020. On 7th July 2020, the Dean (Examinations) of DU appeared before the Court and W.P.(C) 3946/2020 Page 4 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 appraised the Court of all the arrangements that have been made for conduct of the OBE examinations. In fact, the OBE examinations were originally scheduled to commence on 1st July 2020 but were postponed to 10th July 2020. DU categorically informed the Court that there is adequate preparedness to commence the examinations as scheduled. However, on the said date i.e., 7th July 2020, DU sought an adjournment on the ground that a meeting is scheduled to be held on the evening of 7th of July 2020 wherein a final decision would be taken as to whether DU would be going ahead with the examinations from 10th July 2020 or not.

5. On 8th July 2020, this Court was informed that DU has taken a decision to postpone the conduct of examinations. The reason contained in the Minutes of Meeting dated 7th July 2020 of DU, for postponement is as under:

"5. The Committee resolves that there is a requirement to carry out a comprehensive review of the arrangements taken into account the following:

(i) the UGC guidelines issued on 6th July, 2020 ;

(ii) viewpoint expressed during the inter-

departmental meeting attended by representatives of DU, UGC and Ministry of HRD that the level of preparedness should be upgraded further in light of increasing complaints;

6. The Committee also notes that the number of complaints from students have increased during the course of mock tests in last two days that are being conducted. It appears to the Committee that there is necessity to spread greater awareness about the OBE examination so that there are no misgivings in any quarter either about the W.P.(C) 3946/2020 Page 5 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 credibility of the examination process or about its efficacy.

7. Taking onto account all aspects and circumstances, particularly the developments that have taken place in the last couple of days, it is decided to postpone the holding of examinations after 15-08-2020."

Since the earlier postponement was subject matter of a writ petition which was pending before the Ld. Division Bench and notice of contempt had been issued, the present writ along with two other petitions was also directed to be listed before the Ld. Division Bench, as the exams had been postponed once again.

6. The matters were then listed before the Ld. Division Bench. The scheduling of the OBE examinations is now being considered therein and various orders have been passed directing that the examinations would commence from 10th August 2020 and be concluded by 31st August 2020. However, the Petitioners in the present writ petition had submitted that their substantive challenge to the conduct of OBE examinations ought to be heard. The matter is accordingly listed today.

7. At the outset, this Court enquired as to whether any petition is filed or has been entertained on the issue of final year examinations by the Supreme Court to which Mr. Kurup informed the Court that the UGC circular has been challenged and the matter is likely to be listed on 24th July 2020. However, Ld. Counsel for the writ petitioners herein submits that the petitioners do not challenge the circular of the UGC. Their challenge is to the manner of conduct of examinations through OBE method when alternate methods are available even as per the UGC's guidelines of April 2020 which are still operative.

8. Mr. Kurup, ld. counsel for the University Grants Commission (hereinafter, "UGC") submits that the UGC guidelines give various options to DU to hold its examination, including offline (pen & paper), online or blended (online & offline). According to him, the UGC circular does not permit internal assessment as it affects the credibility of the students who obtain degrees by such assessment. A query is put as to whether it would be acceptable to the UGC if the time limit for the online examination is extended to 24/48 hours after the question paper is given, as was done by several international and Indian Universities, owing to the prevalence of disruption in/lack of availability of internet connectivity and adequate hardware for the students. Ld. counsel submits that the UGC guidelines require the examination to be a timed examination of 2 to 3 hours and the option of 24/48 hours would not be acceptable.

9. On behalf of the Petitioners, it is submitted that UGC's guidelines itself permit conduct of the examination through MCQ/OMR based examinations, Open Book Examination (hereinafter, "OBE"), Open Choice and assignment/presentation-based assessments. Thus, the insistence of the UGC that an assignment/presentation-based assessment is not permissible and the insistence that the examination has to be a timed offline, online or blended examination, is contrary to its own guidelines. It is submitted that various Universities, including Dr. A.P.J Abdul Kalam Technical University, IIT-Bombay and Aligarh Muslim University, have conducted OMR-based/assignment-based examinations. It is also submitted that prima facie the online OBEs proposed by DU are troublesome and the academic schedule has been completely put to disarray because of these examinations as even the marksheets of previous semesters whose exams were held in W.P.(C) 3946/2020 Page 7 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 December 2019, have not yet been released. Ld. counsel submits that if the OBE is now conducted, the issuance of the marksheets, degree-certificate etc. would take a long time and would put the careers of the Petitioners and similarly situated students in jeopardy. Students who wish to pursue post- graduate courses and seek employment would be affected irreparably.

10. On behalf of the intervenors, Mr. Sharma, ld. counsel submits that a survey has been conducted by BA (Psychology) Hons. students of Lady Sri Ram College, Delhi through a google form on several online platforms. Since the names of all students with their email addresses has been provided, this survey gives a credible assessment as to the expectation of students. The survey was conducted among 233 students and various questions were put to them. Results of the survey shows that:

1. Out of 225 students, 29.8% reside in Delhi, 21.3% are from Uttar Pradesh, 11.1% from Haryana and remaining from Arunachal Pradesh, Assam, Bihar, Chhatisgarh, Goa, Gujarat etc.

2. As far as availability of hardware is concerned, more than 100 students responded that they have mobile connections. However, what is important to note is that less than 50 students had access to a laptop.

3. Out of 199 students approximately 73% stated that they had not contacted the Common Service Centres (CSCs) at Gram Panchayat level. As per 97.8% of the students out of a total of 180, the CSCs in their area were not aware that they were to provide services free of cost for students attending the examination. 97.6% of students out of a total of 164 stated that CSCs in their areas do not operate from 7:30 am till 6:30 pm i.e., the time set for the examinations.

4. 61.2 % of the students i.e., 134 students mentioned that they W.P.(C) 3946/2020 Page 8 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 raised grievances with the Dean (Examination) and the Nodal Officer

- Grievance but never received a response.

5. Since answer sheets are to be hand-written and names and signatures have to be on the answer sheets, 191 students felt that they could be discriminated against.

6. 73.2% of the students i.e., 164 students wanted exams to conclude as early as possible in August, 2020 itself in order to move on to their next academic or professional career.

7. Students were given various options of format of examinations.

The preferences of 219 students are as under:

(i) Assignment/Presentation = 68%

(ii) MCQ/OMR based assessment = 12.8%

(iii) No running timer = 11.4%

11. A majority of the students were willing to give up the last semester marks and only opt for pass/fail in final semester. The Intervenors have filed affidavits before this Court swearing to the contents of the survey.

12. Mr. Sachin Datta, ld. Senior Counsel appearing for DU submits that DU was ready to conduct the examination from 10 th July, 2020, however, due to the advisory issued by the Ministry of Human Resource Development (hereinafter, "MHRD"), the OBE examination was postponed. It is further submitted by him that the circumstances leading to the postponement of the examination have been placed in an affidavit before the ld. Division Bench, a copy of which would be placed before this Court. He submits that the UGC circular leaves very little options for DU and that DU is doing its best within these guidelines which insist on the examination being conducted in only three formats.

13. On behalf of the MHRD, Ms. Ojha submits that the Ministry merely gave an advisory to DU to postpone the examination owing to the various difficulties, which were being faced and due to lack of preparedness of the University. However, there are no written Minutes of the meeting and the Advisory was not in writing. She further submits that the same are not binding on DU.

14. This Court has heard the ld. counsels for the parties and perused the UGC guidelines, both of April, 2020 and July, 2020. A perusal of the Guidelines issued in April shows that the examination can be conducted in the following manner:

"1. Maintaining the sanctity of academic expectations and integrity of examination process, the universities may adopt alternative and simplified modes and methods of examinations to complete the process in shorter period of time in compliance with CBCS requirements as prescribed by UGC from time to time. These may include MCQ/ OMR based examinations, Open Book Examination, Open Choices, assignment/ presentation-based assessments etc.,

2. The universities may adopt efficient and innovative modes of examinations by reducing the time from 3 hours to 2 hours assigned to each examination, if need arises but without compromising the quality, so that the process may be completed in multiple shifts and, at the same time, sanctity to evaluate the performance of a student is also maintained."

15. As per the guidelines, the examination which is to be conducted contains two components - MODE and FORMAT. Insofar as the mode is concerned, the same can be online, offline or blended. In respect of format W.P.(C) 3946/2020 Page 10 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 of the examination, the UGC has provided 5 options in the April 2020 guidelines - MCQ/OMR based, Open Book examination, Open Choices, Assignment/presentation-based assessments - all of which appear to be acceptable to the UGC. Moreover, DU in its brochure itself, as part of its FAQs, clarifies that a 4G connection would be recommended and 2G connection may not be sufficient for taking the OBE examinations. The relevant portion of the FAQs read as under:

"2. How much internet data do I need in case I use my smart phone?

0.5 GB data in your smart phone is sufficient for downloading question paper and uploading answer sheets for one paper.

3. I do not have a 4G network connection, can 2G connection work?

No, we would recommend you to have a 4G connection

4. Can I use my 2G phone for OBE?

No. You can use your friend or family members smart phone or visit CSC or an internet cafe if possible, near to your location.

5. I cannot afford to pay for an internet cafe and no one in family/friends can give me a smart phone. How can I write my exam?

In such a case, University has made arrangements for you to write your examination at Common Service Centres present across the country. Details of CSC is available on DU website."

Mr. Dutta vehemently submits that DU has actually undertaken enormous preparations to conduct the OBE examinations and the same can be done even with a 2G connection.

16. At this stage, Mr. Tushar Mehta, Ld. Solicitor General submits that he W.P.(C) 3946/2020 Page 11 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57 would like to seek instructions from the UGC on the issues raised. Considering the various submissions that have been made today, including by the ld. Solicitor General, who has appeared for the UGC, the UGC is directed to consider its guidelines as also the above FAQs and revert as to whether in the final year, the 5 options, viz., MCQ/ OMR based examinations, Open Book Examination, Open Choices, assignment/ presentation-based assessments as enumerated in paragraph 1 of the April, 2020 guidelines or any other option is available to the Universities including DU. The said decision be also taken especially in the light of the FAQs which clearly state that a 4G connection is recommended and the same may not be feasible owing to the internet penetration currently available and CSCs may also not be able to cater to the needs of the students.

17. Vide order dated 6th July 2020, the UGC had been directed to place on record the report of the Kuhad Committee. Mr. Kurup, ld. counsel submits that the Kuhad Committee dealt with a large number of issues. Accordingly, let the section of the report which deals with final year examinations be placed before this Court by the UGC in a sealed cover.

18. List on 24th July, 2020 at 2:15 pm. PRATHIBA M. SINGH JUDGE JULY 22, 2020/dk/T W.P.(C) 3946/2020 Page 12 of 12 Signature Not Verified Digitally Signed By:PRATHIBA M SINGH Signing Date:22.07.2020 21:57