Bombay HC refuses to stay conduct of final year dental exams; says stay would be detrimental to those willing to write exams

The Bombay Court on Friday refused to stay the conduct of examinations for final year students pursuing dental courses in the Maharashtra University of Health Science (MUHS) (Akshay Udaysingh Rajput v. MUHS, Nashik)..The University shall be at liberty to conduct the examinations as scheduled on August 17 and 25, the Court said, by strictly adhering to social distancing norms and other protocol to prevent the contagion. .Any examinee willing to write the examination physically would be at liberty to do so, the Bench added..A Division Bench of Chief Justice Dipankar Datta and SP Tavade passed the order refusing to stay the exams, while observing that a stay on the examinations at this stage would prejudice students willing to take the exams.."There could be examinees, other than the petitioners, who might be willing and prepared to write the examinations, even physically. Stay of the examinations behind the back of such examinees would be detrimental to their interests."Bombay High Court .The Court rejected the petitioners' prayer for the online conduct of the exams, after taking on record the University's submissions that it had made adequate arrangements for the safe, physically-distanced conduct of the exam..Further, the Court opined that allowing the exam's conduct as scheduled, but without prejudice to the rights and contentions of the petitioners, and subject to the result of the writ petition, would sufficiently protect their interests..The Court has added that students who are unwilling to appear for physical examinations could set up a "strong case at the final hearing of the writ petition for a direction on the University to hold separate examination", upon which the Court would decide appropriately. .With this, the Court adjourned the matter..Exams amid the Pandemic.Across India, students are challenging the conduct of examinations during the COVID-19 pandemic. .In the Bombay High Court alone, at least two petitions have been filed which involve a challenge to the University Grants Commission's Guidelines (UGC Guidelines) mandating examinations for final year or terminal semester students by September 30. .Pleas challenging the UGC Guidelines are being heard in the Supreme Court and Delhi High Court as well. .A plea challenging the physical conduct of University exams was recently adjourned by the Karnataka High Court with a direction to the VTU to consider if "special chance" exams can be conducted online for those unable to appear for the in-person final exams. .A petition was also moved in Karnataka High Court to challenge the conduct of intermediate semester examinations from October 5 by the Karnataka State Law University..Another recent petition concerned the conduct of the COMEDK entrance exams scheduled for August 19. The Karnataka High Court, however, declined to stay its conduct. .Apart from this, batches of petitions have been filed seeking a stay on the NEET and JEE college-entry examinations. In July, the Karnataka High Court had given the go-ahead for the conduct of Karnataka's Common Entrance Test (KCET)..Read the Bombay HC Order here: