Shreyas P S S/o Pankaja R v. Visvesvaraya Technological University Through Vice Chancellor Vtu Main Road, Visvesvaraya Technological University Machhe Belagaum Karnataka
2021-01-22
R.DEVDAS
body2021
DigiLaw.ai
ORDER : R. Devdas J. Petitioners are the students of various institutions affiliated to the respondent No.1 Visvesvaraya Technological University (VTU). The prayer in this writ petition is to issue an appropriate writ, order or direction to quash and set aside the circular dated 09.12.2020 issued by VTU providing for conduct of examination in offline mode. Consequently, the prayers are also made for directing the VTU to review the circular and make provisions for online examination. 2. In short, the grievance of the petitioners seems to be that in the light of the COVID-19 pandemic which prevails through out the country and in view of the admitted position that some of the students are based outside the State and all the students having taken online classes, the instant prayer has been made. The petitioners have made several averments in the memorandum of writ petition to buttress their contentions and in support of the prayers made herein. 3. Nevertheless, the learned counsel for the respondent-VTU has drawn the attention of this Court to a decision of the coordinate bench of this Court in W.P.No.9006/2020, which was decided on 29.09.2020 and the decision of the Apex Court in the case of Rakesh Kumar Agarwalla and another vs. National Law School of India University, Bengaluru and others reported in 2020 SCC Online SC 761. 4. Learned counsel submits that W.P.No.9006/2020 was also filed by the students undergoing the Bachelor of Engineering courses, studying in various institutions affiliated to the respondent-VTU. Learned counsel submits that very same prayer was also made in the said writ petition and this Court had an occasion to deal with such a prayer in the month of September, 2020, when the Covid-19 pandemic was at its peak. It is submitted that this Court took note of the decision of the Apex Court in the case of Rakesh Kumar Agarwalla (supra) and held that this Court does not intend to go beyond the opinion of the experts, as the decision has been taken on receipt of expert opinion, which is absolutely within the decision making purview of the University and this Court cannot sit in judgment over the same. 5. Having heard the learned counsel and on perusing the papers, this Court finds that the similar prayers have already been considered by this Court in the case of Mr.Vedant and others in W.P.No.9006/2020.
5. Having heard the learned counsel and on perusing the papers, this Court finds that the similar prayers have already been considered by this Court in the case of Mr.Vedant and others in W.P.No.9006/2020. As rightly submitted by the learned counsel for the respondent-VTU, the decision of the University to hold offline examination or the regular examination, that too during the month of September and October, when the Covid-19 pandemic was at its peak, has been upheld by this Court for more than one reason. Firstly, these are policy matters where this Court will not substitute its opinion to that of the experts and even though there is no total bar on judicial review in the matter of policy decision, however the limited scope in such case is to find out if there is any arbitrariness. This Court has noticed that the University has been guided by the instructions and directions given by the State Government under the Standard Operating Procedure (SOP) issued time to time. Moreover, the University has sought for expert opinion at the hands of the experts managing the Covid-19 pandemic across the State. Having regard to the decision rendered by this Court on the earlier occasion, declining to exercise its extraordinary powers under Article 226 of the Constitution of India, this court is also of the opinion that the prayers made herein cannot be granted. 6. At this juncture, the learned counsel for the petitioners submits that in view of the impugned circular, most of the students who were residing outstation have come back to the respective institutions and many of them are staying in the hostel accommodation provided by the respective institutions. However, it is submitted that the institutions have not been following the SOP issued by the State Government and the VTU. The learned counsel therefore prays that this Court should issue directions to the respondent-VTU and all the institutions affiliated to the respondent-VTU to follow the SOP and provide for maintenance of social distancing and other aspects so that the SOP’s are scrupulously followed. The learned counsel would also submit that the students who have tested positive for Covid-19 are put into greater difficulties. It is also an admitted fact that the fellow students would also be put into great difficulty if the students tested positive are to take the examination along with the other students. 7.
The learned counsel would also submit that the students who have tested positive for Covid-19 are put into greater difficulties. It is also an admitted fact that the fellow students would also be put into great difficulty if the students tested positive are to take the examination along with the other students. 7. There cannot be any manner of doubt that the respondent-VTU has to strictly follow the SOP’s issued by the State Government and its own SOP’s are strictly followed by the institutions affiliated to the VTU. Strict compliance in this regard is required. Therefore, the respondent-VTU shall ensure that the SOP’s issued by the State Government and the VTU are strictly adhered to by all the institutions affiliated to the VTU. Appropriate arrangements have to be made to provide for special isolated facilities to the students who have tested positive for Covid-19. 8. With these observations, the writ petition stands disposed of.