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Purbayan Chakraborty, a 3rdyear law student at the Karnataka State Law University has filed a PIL before the Karnataka High Court against the decision of the said university to hold an intermediate semester examination in October 2020. The plea state that the decision is violative of the UGC guidelines which have stated that the students of the intermediate semesters should be promoted on the basis of an alternate evaluation Scheme.
The UGC guidelines prescribed a comprehensive formula which that prescribes that 50% weightage would be given to the internal evaluation and 50 % weightage would be the marks scored in the previous semester to promote the students to the next semester.
The pleas state that it is very difficult for the students to write the examination for the previous semester while studying 5 to 6 different law subjects for the new semester. Moreover, it will have a disproportionate impact on the students who were unable to take part in the online classes due to various reasons such as internet accessibility, affordability, remote locality, etc. This will even attract the doctrine of ‘disparate impact’ under article 14 of the Indian Constitution.
The decision is based on the BCI guideline dated 27.05.2020 which was issued almost two months back, is outdated now and not anymore a good law.
Further, the plea has even stated that the Ministry of Home Affairs vide its communication dated 6.07.2020 has permitted conduct of only final year examinations by Universities and Institutions.
“Therefore, permitting an offline examination and asking Intermediate semester students who are four times in number, to appear for the exams, would amount to directly exposing them to danger and risk to their health and lives and would amount to a violation of Article 21 which guarantees the right to life and health.”
-Plea before the HC
Therefore the Plea has urged that the 50:50 comprehensive mechanism should be used to promote the students.
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