The ad-interim prayer seeking a stay on physical mode of examination of the final year undergraduate students which has been decided to start from September 8th throughout the state has been rejected by the Bombay High Court on Saturday. The current petition has been submitted by nine students belonging from various streams of the Maharashtra University of Health Sciences, Nashik.
It was observed by the divisional bench of the Bombay High Court which consisted of Justice AA Sayed and Justice SP Tavade that,
“The petition itself discloses that there are 10,000 students who are about to appear in physical mode of examination as per the time table published by MUHS, annexed at running page 102 of the petition. The examinations are to be held from September 8th 2020. In our view, the petitioners have approached this court at the eleventh hour.
There is only one working day today i.e. 5th September 2020 (Saturday) and 8 September 2020 (Tuesday). Hence, we are not inclined to grant any ad interim relief for staying of the examination. The prayer for the stay of the examination is rejected.”
A withdrawal of the circular dated 21st August, 2020 has been sought by the petitioner students which notified about the examination of the final year undergraduate medical students across the State of Maharashtra to be conducted by physical mode and not through online portals.
The bench, thereafter, referred to the order passed by the Supreme Court in the case of Sayantan Biswas & ors v. National Testing Agency & ors where the writ petition which sought for the postponement of the NEET UG-2020 was dismissed on the 17th of August 2020.
The Top Court in that case also observed that it found that the prayer for the postponement of exam had absolutely no justification and that even in between the pandemic life has to go on. It further asserted that the career of the students can in no way be put in peril by wasting a full academic year.
The present case will be heard by the court next on September 13.
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