NO STAY ON CONDUCT OF EXAMINATION: BOMBAY HC
There has been a lot of hue and cry regarding the conduction of examination amidst the Covid-19 pandemic. In such situation a lot of PILS, writs have also been filed for the mode of conduction of examination to be Online and not physically considering the ‘social distancing’ situation. Let’s see what the Bombay HC has to say on this.
The Bombay HC in the case of Akshay Udaysingh Rajput v. MUHS, Nashik, refused to stay conduct of end-term examination as that would be unfair for those who was willing to write the exams, even physically.
The court stated that there are so many examinees, other than the petitioner who was willing to write the exams, even physically and have no such issue regarding the same, and in this case if the court directs for ‘no examination’, it would be extremely detrimental and unfair on the part of judiciary. Hence, there will be conduction of examination and risk of safety is dependent on the UGC.
Justice Dipankar Datta and SP Tavade, further directed that the University shall and mst conduct the examination as scheduled on August 17 and August 25, however, all proper protection and safety measures, including the social distancing norms and other guidelines as stated by the country for the Covid-19 precaution.
Hence, the Bombay High Court rejected the petitioner’s plea for non- conduction of examination considering the on-going pandemic and non-assurance of the safety precautions by the department of examination stating that,
“”There could be examinees, other than the petitioners, who might be willing and prepared to write the examinations, even physically. Stay of the examinations behind the back of such examinees would be detrimental to their interests.”
The court further explained that the petitioner and other students like the petitioner, who are not willing to write the examination physically, can come forward with stronger arguments on their side, for the conduction of online examination, on the day of final hearing of the writ petition.