State’s Discretion to decide whether to conduct exams during Covid-19: Karnataka High Court

The Karnataka High Court dismissed a petition challenging a government order on an evaluation of intermediate semester UG/PG courses amid the COVID-19 outbreak. The Court stated that the government can decide whether or not to allow the holding the examination during the pandemic referring to the University Grants Commission (UGC) guidelines on the conduct of intermediate semester exams at universities.

The order was passed by a Division Bench of Justices BV Nagarathna and Ravi Hosmani. The directive by Karnataka High Court read, “The UGC has issued the Guidelines as an advisory. Ultimately it is the discretion of the State to take a policy decision, as to, whether, the examination could be conducted by the physical appearance of the students or through any other mode the students could be promoted, bearing in mind the spread of the Covid-19 Pandemic in the Sate and also the health and safety of the students, all stakeholders and citizens of the State. The State Government has always the power as well as the discretion to guide the Universities individually or issue advisories to the respective Universities coming within the scope and ambit of the Universities Act, 2000.”