The LexGaze Weekly - HOPE

A brief respite for anxious students

Yamika Khanna

Issue 12 | September  06, 2020

"Students do not suffer for no fault of their own" 

- Bombay High Court


Amidst the conflicting opinions of the public at large concerning the Supreme Court's decision of granting permission for the conduction of entrance examinations by giving a nod to the conduction of JEE and NEET, a sign of relief comes to the rescue of students affected by floods.

The Bombay High Court, after recently refusing to grant a stay on the said examination for the students living in the flood-hit areas of the Vidarbha region, noted that if any student from such areas is unable to attend the exam, he/she may forward representation to the apex body of JEE Main Examination which the Court said must be decided within 15 days.


The Court while taking cognizance of the situation noted, "We were, therefore, anxious to know the flood situation prevailing in all such districts is such that the aspirant-students lose their chance to appear in the examination for no fault on their part."

The Court further noted, "If any of the students are unable to attend the examination at the centre due to flood situation, a representation can be made through the local agency to the Apex Body of the JEE-Main Examination, which shall be considered appropriately after making the enquiries from the Centre Co-Ordinator and the District Collector. However, we direct that if any such representation is received, it be immediately forwarded by the concerned Agency/Centre Co-Ordinator to the Apex Body of the JEE-Main Examination and the decision on it should be taken within a period of fifteen days."


This decision of the Court reinstalls a sense of relief in the hearts of the aspiring students who are compelled to sit for entrance examinations despite the prevailing adverse circumstances due to the outbreak of COVID-19. This decision of the court could be a guiding light concerning the appeals in support of postponement of the entrance examinations in lieu of COVID-19.


HOPE PLUS


1. The Allahabad High Court, concerning Dr. Kafeel Khan's speech at the Aligarh Muslim University on December 13, 2019, amidst the anti-CAA protests, that led to his arrest and subsequent detention under the provisions of the National Security Act, asserted, "the speech does not disclose any effort to promote hatred or violence." The NSA charges were dropped against him and his immediate release was ordered by the court.


2. The SC sentenced Prashant Bhushan to pay a fine of ₹1 in the contempt proceedings against him. Bhushan stated that while he reserves the right to seek a review of the conviction and sentencing, he will respectfully pay the fine, just as he would have in case of any other lawful punishment.


3.The Supreme Court has issued a standard operating procedure (SOP) for the physical hearing of matters. Initially, the physical hearing shall commence only in three courtrooms.

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