Governments order on conduct of compulsory exam of final year student is violation of Fundamental Rights of Students

MP Law students wrote to CJI against Home Ministry’s order of permitting conduction of university exams, stating that it is clear violation of “Fundamental Rights of Students” as it fails to consider the principles of health, safety, fair and equal opportunity for the students.

Yash Dubey, a final year law student of Bhopal University and also the circle head of student wing of Youth Bar Association of India submitted a letter petition to CJI contending that Government’s order to universities regarding the conduction of examinations is a clear-cut violation of fundamental rights enshrined in the Indian Constitution as it fails to cater to the principles of safety, health, fairness and equal opportunities for the students.

In an order, on July 6th, the Union Home Ministry permitted Universities and Colleges to conduct examinations and to compulsorily conduct examinations of final year students as per guidelines issued by UGC and Standard Operating Procedure. In addition to the above order, the UGC also issued revised guidelines through a notification which stated that exams are to be conducted in offline (Pen + Paper)/ online/ blended (offline + online) mode.

Further, the letter also stated that “The UGC has cited the examples of top-ranking Universities such as MIT, Cambridge for conduction of examination during Covid-19 Pandemic. However, by doing so, the UGC has totally neglected the unprecedented difficulties that our country is facing in times of pandemic. To say the least, in testing days, a section of our society is not able to arrange bread and butter for a day. Therefore, in view of the difficulties that our country is facing it is quite unrealistic to justify the reasoning of conduction of virtual examination by relying on examples of the premier institutions of the world.”

The letter petition was being supported further by 34 other student signatories of the state.

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