PRANEETH K. AND ORS. versus UNIVERSITY GRANTS COMMISSION (UGC) AND ORS.

Citation: [2020] 8 S.C.R. 917 · Decided: 28-08-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Disposed off
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[2020] 8 S.C.R. 917
PRANEETH K. AND ORS.
v.
UNIVERSITY GRANTS COMMISSION (UGC) AND ORS.
(Writ Petition (Civil) No. 724 of 2020)
AUGUST 28, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ.]
Education/Educational Institutions:
Guidelines dated 06.07.2020, issued by University Grants
Commission (UGC) – Directing the Universities/ Colleges to complete
terminal semester/ final year examinations by 30.9.2020 – Ministry
of Human Resource Development by OM dated 06.07.2020
formulated SOP for conducting the examinations as per the UGC
Guidelines which was settled by Ministry of Health and Family
Welfare – Ministry of Home Affairs permitting to conduct the
examination – State of Maharashtra as well as Maharashtra State
Disaster Management Authority, in view of situation due to pandemic
COVID-19 took decision not to hold examination for the final year
courses and to promote the students on the basis of previous
performance and internal assessment of the students – Writ Petition
challenging the UGC Guidelines and the Orders of Ministries being
ultra vires Arts. 14 and 21 of the Constitution – Orders of State of
Maharashtra and State Disaster Management Authority also
challenged – Held: The UGC Guidelines are statutory having been
issued in exercise of power u/s. 12 of the UGC Act – They are not
beyond the domain of UGC as they relate to co-ordination and
determination of standards of education in institutions of higher
education – The Guidelines are in compliance with s. 12 of UGC
Act – They are neither unreasonable nor arbitrary and hence not
violative of Art. 14 – SOP for conducting the examinations shows
that UGC and the ministries are fully concerned with the health of
all the stakeholders and hence the Guidelines are not violative of
Art. 21 – The UGC Guidelines being referable to UGC Act, 1956
which was enacted in reference to Entry 66 of List I of VII Schedule,
shall have precedence as compared to any decision taken by the
State – Therefore, the decision of the State and Disaster Management
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SUPREME COURT REPORTS
[2020] 8 S.C.R.
Committee to promote Final year/ terminal semester examination
being not within domain of Disaster Management Act and being
contrary to guidelines issued under Central enactment, cannot be
upheld – However the OM and letter of Central Government
permitting for holding the examination shall not fetter the power of
the State Disaster management Authority to take appropriate
measures to contain the pandemic – Hence, UGC Guidelines in so
far as it directs holding of examination by 30.09.2020 shall be
overridden by any contrary decision taken under Disaster
Management Act, 2005 – The State is at liberty to seek extention of
deadline of 30.09.2020 – Constitution of India – Arts. 14 and 21
VII Schedule List I Entry 66; List II Entry 25 – University Grants
Commission Act, 1956 – s. 12 – Disaster Management Act, 2005.
University Grants Commission Act, 1956:
s. 12 – Interpretation of – Expression ‘other bodies’ used in
opening part of the Section, would not include State Disaster
Management Authority or health experts – It is not mandatory duty
of University Grants Commission to consult with the Universities or
other bodies concerned, in all cases – The expression “in
consultation with Universities or other bodies concerned” has to
be read to mean where consultation is necessary.
Disposing of the matters, the Court
HELD: 1.1. Education including university education, is a
concurrent subject where both State legislature as well as
Parliament have legislative competence. Entry 11 of List II of
Seventh Schedule of the Constitution, as existed prior to
Constitution (Forty-second Amendment) Act, 1976 as well as
Entry 25 of List III is subject to the provisions of Entry 66 of List
I, which is  the Constitutional Scheme delineated by Seventh
Schedule of the Constitution of India. [Para 49][953-C-D]
Gujarat University and Anr. v. Shri Krishna Ranganath
Mudholkar and Ors. AIR 1963 SC 703 : [1963] Suppl.
SCR 112; Dr. Preeti Srivastava and Anr. v. State of M.P.
and Ors. (1999) 7 SCC 120; Dr. Sadhna Devi and Ors.
v. State of U.P. and Ors. (1997) 3 SCC 90 : [1997] 2
SCR 186 – followed.
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Professor Yashpal and Anr. v. State of Chhattisgarh and
Ors. (2005) 5 SCC 420 : [2005] 2 SCR 23; Maa Vaishno
Devi Mahila Mahavidyalaya v. State of Uttar Pradesh
and Ors. (2013) 2 SCC 617 : [2012] 13 SCR 810–
relied on.
1.2 Section 12 of University Grants Commission Ac
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