No Interim Relief to Final Year Students in UGC's Matter, Case Adjourned to 10th August.

In the amid of the COVID10 pandemic the hidden cold war between the Final Year Students and the UGC in on the Hon’ble adjourned on 10^th August, for the next submission and hears please by 30^th September.

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Today, the petitioner in rejoinder to the UGC’s reply 30th Julys reply raised the following major points –

Ø  Petitioner mention the increasing number of cases of COVID19 pandemic in India.

Ø  Advocate Abhishek Manu Singhvi, who appeared on the behalf final year student submitted that the UGC's filed reply without application of mind, by remarking the recent and previous guidelines. Also remarked the reversed guidelines date.

Ø  Hon’ble Supreme Court took time for the looking after the rejoinders filed in the case.

Ø  Justice Ashok Bhushan says – UGC can always revisit guidelines.

Ø  Advocate Abhishek Manu Singhvi replied to that, yes they can, but it’s arbitrary as many universities don’t have the infrastructure to conduct online exams and many of including Maharashtra and West Bengal are converted into the COVID19 centers. So, it’s not feasible to conduct an exam in an online way.

Ø  SC said that but the guidelines are given the option to the online and offline form too.

Ø  Advocate Abhishek Manu Singhvi replied that but it will create more chaos to the students who cannot appear in the exams.

Ø  SC asked for the record of the state disaster management and replied to it Advocate Abhishek Manu Singhvi said he will place them on record.

Ø  Advocate Abhishek Manu Singhvi mentioned the golden remark that – Heaven Will Not Fall if exams are canceled, and submit the point of section 62 of the NDMA, and the overriding effect of section 72 of the NDMA.

Hon’ble Supreme Court Given time to the State of Maharashtra’s State Disaster Management committee to filed their reply and adjourns the case till August 10 and refuses to pass any interim order on the matter.

What are the remarked sections of the NDMA, 2005.

Section 62 – Power to issue direction by Central Government

Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Central Government to issue direction in writing to the Ministries or Departments of the Government of India, or the National Executive Committee or the State Government, State Authority, State Executive Committee, statutory bodies or any of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such Ministry or Department or Government or Authority, Executive Committee, statutory body, officer or employee shall be bound to comply with such direction.

Section 72- Act to have overriding effect

 The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.