[COVID-19] Nursing students of Kerala University of Health Sciences move Kerala High Court to cancel offline exams

The Kerala High Court is slated to hear a petition filed by first and second year nursing students of the Kerala University of Health Sciences seeking cancellation of offline examinations despite the prevailing COVID-19 pandemic situation in the State (Azna Beevi KM and Anr. v. State of Kerala and Ors.)..The petition was filed by Advocate Arun Samuel on behalf of BSc nursing (2016 Scheme) students of 2018-2022 and 2019-2023 batches respectively from two colleges affiliated to the Kerala University of Health Sciences..It is submitted that since the lockdown of the second wave of the pandemic was lifted on June 17, 2021, the University notified examination timetables for first and second year BSc Nursing Course. Thereafter, several students returned to their hostels but, upon returning, many of them have tested positive for Covid-19. This is even more alarming because over 50 percent of students have not yet been vaccinated.The petitioners raised objection to the fact that despite the alarming rise of Covid positive cases in Kerala and the possibility of a third wave, the University has decided to proceed with the conduct of the examinations which violates not only the guidelines issued by the University Grants Commission in this regard but also their rights under Articles 14 and 21 of the Constitution..The judgement of the Supreme Court in Praneeth K and Others Vs. University Grants Commission (UGC) was cited in which it was held that the university shall adopt the guidelines issued by the UGC and statutory bodies concerned from time to time in respect of conduct of examinations.The guidelines on examinations and academic calendar in view of the COVID-19 pandemic issued by the UGC reads, "the Terminal Semester/ Final Year Examinations (2020-2021) be compulsorily conducted in offline (pen & paper)/ online/ blended (online + offline) mode by no later than August 31, 2021 following the prescribed protocols/ guidelines related to the COVID-19 pandemic. For intermediate semester/year students, assessment shall be based on internal evaluation and previous semester as suggested in 2020 guidelines" Therefore, it has been submitted that the Kerala University of Health Sciences has got the statutory duty, in terms of the University Grants Commission Act, 1956, to follow said guidelines to set aside the conduct of examinations in offline mode for first and second year students and adopt assessment based on internal evaluation and previous semesters' grades. .The guidelines issued by the University itself regarding the functioning of the university post the second wave lockdown reads as follows."All asymptomatic students residing in Kerala (hostellers and day scholars) shall undergo Rapid Antigen Test (RAT) for COVID-19 from their local facilities within 48 hours prior to reporting at the college. They shall be permitted to re-join classes/hostels only if they submit a negative COVID rapid antigen certificate. If any students have symptoms suggestive of COVID-19 within 48 hours prior to reporting, they shall undergo RTPCR test even if they test negative on RAT. Any student testing positive in any of these tests shall come to the college only after 17 days of testing positive". It was contended that many students have tested positive for COVID-19 and under such circumstances, requiring them to attend the examinations would not only suffer from the vice of arbitrariness but is also a veritable violation of the petitioners' fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India.