HC bins plea against promotion of students at UG, PG level

The High Court has dismissed a PIL filed challenging the government order to promote undergraduate and postgraduate students in intermediate semesters on the basis of internal evaluation and performance in previous semesters.

The court held that the guidelines issued were confined to the academic year, for one semester, and that the government always has the power to guide the universities, under the Universities Act 2000.

The PIL was filed by S P Venkatesh, who claimed to be a public-spirited person taking up issues relating to students. The petition sought direction to quash the government order dated July 10, 2020, outlining guidelines for intermediate semester students for 2019-20.

It said the order was unscientific and illogical, seeking a direction to the government to allow universities to decide on the conduct of examinations.

As per the guidelines, students of intermediate semesters for 2019-20, both in undergraduate and postgraduate courses, shall be promoted to the higher semester, based on grading of the students.

The grading is calculated with 50% of the marks allocated on the basis of the pattern of internal evaluation adopted by the universities and the remaining 50% marks awarded on the basis of performance in the previous year.

If previous marks are not available, particularly in the first year of the annual pattern of examination, 100% evaluation would be done on the basis of internal evaluation.

The petitioner said many meritorious students will suffer if the order is implemented. He said as per the guidelines of the University Grants Commission (UGC), universities may conduct examinations after making a comprehensive assessment of preparedness, residential status of students and other factors.

The government defended the decision, saying it was a policy decision bearing in mind the acute pandemic in the state. The government said offline examinations would be conducted for final year students.

‘UGC norms borne
in mind’

A division bench comprising Justice B V Nagarathna and Justice Ravi V Hosmani observed that the government had borne in mind the UGC guidelines and had taken a policy decision.

The bench held that in view of Covid-19, the government, in its wisdom, formulated the manner in which the promotion and career advancement of the students could be made only for 2019-20, for one semester only.

“Further, clause Nos. 2 c, d and e (of the guidelines) permit students to improve grades and also carry forward the subjects to next semesters. Also, every student will be promoted to next semester/year. Therefore, not only the health and safety of the students, but also their academic and career progress are taken care of,’’ the bench
said.