[COVID-19] Bombay High Court refuses to intervene in offline examinations of Maharashtra University of Health Sciences

The Nagpur Bench of Bombay High Court refused to intervene in the examinations being held physically by the Maharashtra University of Health Sciences (MUHS) from June 10, 2021. .The Court, however, directed MUHS to issue an advisory that students are required to show a negative RT-PCR test when they enter the exam hall on June 10, or at the most by June 15, 2021..The order was passed on a petition filed by HERD Foundation (not-for-profit company) along with a student assailing the decision of MUHS in conducting the Winter-2020 examination through offline mode for their graduate, post graduate and certificate courses for students in the medical field.The examination is being held in three phases with two phases already having been completed. The petition was filed challenging the third and final phase of the examination commencing from June 10, 2020.Advocate RM Bhangde, appearing for the petitioner, sought a direction that the MUHS should take the minimum precaution of directing students to produce a negative RT-PCR test before entering the hostel and/or the examination hall. However, advocate Abhijit Deshpande, appearing for MUHS, submitted that no such directive had been issued either by the University Grants Commission or the National Medical Association and the University cannot do so on their own without a court order. He also added that there were only two modes through which MUHS could communicate, which was through email to the principals of the respective colleges and to issue public notice on their website. Hence, informing 44,000 students on such short notice before the exam, to bring an RT-PCR report would be difficult, Deshpande said. .After hearing the parties in detail on this issue the Court refused to interfere with the exam. However, after having his pronounced his interim order, Justice AG Gharote made a general observation that students should test themselves before the examination and if they are found positive, isolate themselves."These are responsible students who are going to be future doctors. If we do not trust them, whom do we trust?" he remarked.However, as a safety measure, he also observed that it would be advisable for each examinee to conduct RT-PCR test upon himself/ herself and only if tested negative, should he/ she appear for the examination. In this regard, MUHS was directed to issue an advisory to all college principals affiliated to their University and to publish the same on their website, to ensure students produce a negative RT-PCR test before the examination on June 10, 2021. The Court also said that in the event a student is not able to produce the report, he should be permitted to submit the report by the next examination date or at the most by June 15, 2021. .The petitioners, represented by Bhangde and Advocate Dhruv Sharma, prayed for a stay on the notification and issuance of directions to MUHS to conduct the third phase of the examinations through online mode.The petitioners stated that there had been no application of mind by the University while taking this decision which amounted to shirking their constitutional duty of protecting right to life. 45,000 students across the State will attend the examination putting themselves through an unnecessary risk, the petitioner submitted. The students were also invited to the examination premises for obtaining the admit card and exam hall ticket without informing them about any Special Operating Procedures in place, it was highlighted. .MUHS opposed the plea challenging the locus of the NGO to appear on behalf of the students. MUHS argued that the first phase of the exam was held in January-February 2021 and second phase in March-April 2021. The exams can be held only physically, it was contended. Further, treating the final phase students differently and taking their exams through online mode would amount to differentiation in law, it was submitted. MUHS also pointed out that the students were informed about the pattern of the examination during the beginning of the academic year and changing the same at the eleventh hour would create prejudice, especially to students who are from remote, tribal regions of the State which may not have internet connectivity. .After passing the interim order, the Court posted the matter for hearing before the regular court on June 14, 2021 .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.