Delhi High Court seeks GGSIPU and Delhi Government stands on PIL against physical exams; No interim order passed

By Kaveesha Fernando 

NEW DELHI, India  (CWBN) – The Delhi High Court on Monday (October 12) issued notice to the Ministry of Home Affairs, Delhi government, Guru Gobind Singh Indraprastha University (GGSIPU), Bar Council of India, Universities Grants Commission, Vivekananda Institute of Professional Studies (VIPS) and Amity University seeking their stand on the case filed by the students of GGSIPU before November 12. The bench, comprising Chief Justice D. N. Patel and Justice Prateek Jalan, did not pass an interim order. The petitioners requested that the court set aside the notification issued by GGSIPU on September 30 with regards to holding minor tests physically from November 2.

The complaint, a Public Interest Litigation (PIL), requested the postponement or cancellation of physical exams scheduled to be held in colleges under the university from November 2. The students, represented by advocate Bhuvan Gugnani, argued that they should not be required to sit for offline exams, since they have already taken multiple online examinations held by the university following the many notifications issued by their respective colleges. 

The complaint filed through advocates Jahnvi Sharma and Paritosh Dhawan stated that the changing nature of notifications and the short time span between exams has made it burdensome for the petitioners (students) to manage studies, online classes, distanced learning, internal exams of previous semester, followed by internal exams of current semester clashing with current semester classes, followed by physical examinations within a week. The complaint also contends that a blanket notification compelling all students to take a physical exam impacts their mental health and violates their Right to Life. The extreme schedule of overlapping teaching of two semesters squeezed into one goes against their Right to Quality Education, the complaint adds. 

Counsel for the students informed the court that the Bar Council of India issued a resolution granting permission for universities and colleges to conduct physical exams, since they received no objection certificates from the state governments and state disaster management authorities. The resolution declared that students must be informed with regards to the holding of physical exams and that they must be given the option of taking the physical exam according to the schedule issued, or once the pandemic normalises. According to the resolution, colleges/ universities are also permitted to hold online exams if they possess the required infrastructure. Counsel on behalf of the students stated to the bench that the resolutions were not adhered to. 

Edited by Elishya Perera