Legal News

‘Sheer Violation of Student’s Fundamental Right’: Law students write to CJI against MHA order permitting to conduct of university exams.

A letter petition has been sent to the CJI, stating that the Government order directing Universities to compulsorily conduct the examination of final year students is in “sheer violation of the fundamental enshrined in the Constitution of India, as it fails to consider the principles of health, safety, fairness, and opportunity for the students.

The representation has been made by Yash Dubey, a final year law student at the Bhopal University, also the Circle Head at the Youth Bar Association of India (Student Wing). He has urged the Apex Court to take suo-moto of the issue and to put the Academic Calendar for the Universities “in abeyance,” till the situation of Covid-19 normalizes.

Dubey has challenged the compulsory conduct of examination of the final year students, inter alia, on the following grounds:

• The Revised Guidelines are in sheer violation of the fundamental rights enshrined under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution of India, as it fails to consider the principles of health, safety, fair and equal opportunity for the students;

• In view of rising numbers of the Covid-19 cases in the country, the conduct of examination (either online/offline/blended) will expose both the examiners and examinees to great health risks:

The conduct of offline exams will entail students (who have already traveled to their hometown) to migrate from one place to another, in order to attend the examination. This will also involve the risk of staying in shared accommodation as various colleges and hostels have been converted into quarantine centers;

• It will be absolutely unjust to neglect the problems that will be faced by thousands of students, who will sit for the online examination as the same will indubitably work against the interest of students whose access to the internet is precarious and who do not have personal computers or laptops in their house, which are imperative to conduct online examination;

He has, therefore, urged the Sc to take steps for the formulation of an ” alternative system of evaluation”, so as to do complete, equal, and fair justice to the students and to exclude the possibility of discrimination, disadvantage, and risk of life.

Source – Live law

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