The High Court of Karnataka has upheld the State government’s policy decision of directing all universities – both State-governed or privately managed – to adopt a uniform method to promote students of intermediate semesters of undergraduate and postgraduate courses for the year 2019-20 in view of the COVID-19 pandemic.
A Division Bench comprising Justice B.V. Nagarathna and Justice Ravi V. Hosmani passed the order while dismissing a petition filed by one S.P. Venkatesh of Bengaluru.
Terming the method, prescribed by the government in its July 10, 2020, order, an unscientific one, the petitioner had claimed that the decision on adopting a suitable methodology as per the guidelines of the University Grants Commission (UGC) should have been left to individual universities as the UGC had left it to the universities to hold exams wherever possible or not.
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“The State government has the power as well as discretion to guide universities individually or issue advisories to the respective universities coming within the scope and ambit of the Universities Act, 2000,... in exceptional circumstance we cannot find fault with the State government taking a policy decision on behalf of all the universities so that the health and safety of the students, stakeholders is safeguarded and protected in such exceptional circumstances,” the Bench said.
The Bench also observed, “The other reason why the State has taken such a policy decision is to ensure uniformity amongst all universities so that there is no disparity amongst the students or the students be put to any other difficulty in their future career progression on account of different methods being adopted by the universities in the State.”
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The government, the Bench said, has issued the order prescribing a uniform method, proposed by the UGC, of promotion for all universities keeping in mind the academic progress and the health and safety of students.
Promotion
As per the July 10 order, UG and PG students would be promoted to the higher semester based on the grading that would comprise 50% of the marks on the basis of the pattern of internal evaluation adopted by the universities and the remaining 50% to be awarded on the basis of performance in the previous year (if available).
If previous semester marks are not available, particularly in the first year of annual pattern of examination, then 100% evaluation would be done on the basis of internal evaluation.