Students move Punjab and Haryana High Court against Institute's decision to hold 2-week long offline exams in 35 test centers amid Covid-19

Citing the notification as arbitrary in view of the pandemic and the huge expenses that each student would have to incur in writing the examination, the students argue that the decision violates the right to health.
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Students of the Thapar Institute of Engineering & Technology, Patiala have moved the Punjab and Haryana High Court challenging the institute’s decision to conduct offline-end semester examinations for first year and second year undergraduate courses, final year students of the Mechanical, Mechatronics and Production Engineering and all students of PG First Year and PhD (Ranvir Singh Sindhu and Ors. v. State of Punjab and Ors.).

On Friday, Justice Tejinder Singh Dhindsa disposed of the petition stating,

"Clearly the Covid-19 situation has eased to a certain extent. Universities/colleges have taken decisions towards partial opening up as also to conduct examinations through offline medium. Due compliance of the Covid-19 guidelines issued by the Government of India/State Government and local administrative authorities of course have to be observed."

After the petitioners submitted that they were not pressing for the quash of the circular and only sought to ensure that students in states where there were no test centers allotted would get an opportunity to write the exam in Patiala, the same was allowed.

Additionally, the petitioners' prayer seeking that a student who failed to apply or appear for the examination would not be treated as a fail was also accepted.

Another submission urging the University to conduct a reexamination in April/May rather than in June/July to so as to allow students to appear for various competitive examinations would be considered upon a representation to the effect being made to the University, the Court proceeded to order when disposing the plea.

The students have argued that the decision violates the right to health, a facet of the right to life under the constitution and that the notification is arbitrary in view of the pandemic and the huge expenses that each student would have to incur in writing the examination.

The petition, filed by the students through advocates Tanvi Dubey and Priyavrat Parashar narrates that the institute first announced its decision in December and issued further communications pertaining to the conduct of the offline examinations.

On January 1, the University listed 35 test centers at which the students could take the examinations. Contending that many of the test centers were far from the students’ present stations, the petitioners have argued that considerable amount of money would have to be incurred for giving the exam. This was particularly so because the exams were spread across 2-3 weeks and students would have to incur boarding and lodging expenses for the entire period, the petition adds.

Many of the students’ parents faced lay-offs and financial trouble following the economic downturn occasioned by the pandemic, therefore, there would be undue financial burden.

In this respect, conducting end semester examinations is different from holding an entrance examination, since the latter is complete in a day or two, the petition explains.

Despite repeated representations made to the Institute, no action has been taken, the petition additionally states.

In this light, it is argued that the decision to conduct the examination is arbitrary.

With reference to the rising cases of Covid-19 throughout the country, the students assert that the conduct of the exam in the present situation is a violation of the fundamental right to health.

The petition additionally makes reference to the University Grant Commission’s guidelines from last year recommending offline or blended mode examinations.

Urging the Court to stay the conduct of examinations in the interim, the petitioner has sought either of the following reliefs:

  • Conduct of the exams online

  • Allow online exams to students unable to attend the exam to take them online

  • Establish test centers in every city across India.

Read the Order:

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Ranvir Singh Sindhu and Ors. v. State of Punjab and Ors..pdf
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