Bombay HC on the appearance of students for the Maharashtra University of Health Sciences Exam

The Hon'ble Bombay High Court, comprising Hon'ble Justice Avinash Gharote, responded to a petition filed by a non-governmental organization called the HERD foundation on the 5th of June. The petition sought an interim relief or a stay on the Winter 2020 offline Examinations conducted by the Maharashtra University of Health Sciences Exam. They also pleaded for a compulsory vaccination for the forty thousand students from the medical field who will be appearing for the examinations spread across twenty days and one hundred and seventy-three centres. The submission by Advocate Rahul Bhangde was dismissed by the Hon'ble court. He, therefore, pleaded that the students be tested negative for covid-19 before they sit for the examinations. It is a known fact the contamination of the virus is air-borne and that the same can be prevented only by physical distancing and by keeping the patients who have been tested positive, in isolation. Thus, it is important to know that no student is carrying the germ before the university risks the lives of so many students by conducting offline examinations which is already a risk in itself. Initially, the counsel pleaded that it is the responsibility of the university to conduct the test and make sure that all the aspirants are properly healthy and fit to sit for the exams. However, the university has stated that due to practical reasons and lack of time, it will not be possible for the authorities to do such a humongous task while handling the organization of the side of the examination by side. Supporting the explanation given by the respondent, the Hon'ble court has stated that it is upon the students to take the test on an individual basis and carry the report to the examination hall along with the hall ticket. A student will be allowed to sit for the paper only if the RT-PCR report is found to be negative. In case the report is not available with the student, it is advised that an urgent Antigen test is done and the student is allowed to sit for the paper. In such a case, the student will be asked to submit a negative RT-PCR report at the earliest date or on the date of the next paper, preferably by the 15th of June. After the cancellation of the board examinations, the future possibilities in the academic fields of the students as well as the chances of their admissions have become dependent on the entrance examinations conducted by the individual universities. Conducting such exams online will be risky according to several institutions. Postponement can cause uncertainty and anxiety in a lot of students. Thus, the mid-way has to be found. The Hon'ble Bombay High Court has also asked the Maharashtra University of Health Sciences to make all the aspirants aware of this declaration as soon as possible.

The Hon’ble Bombay High Court, comprising Hon’ble Justice Avinash Gharote, responded to a petition filed by a non-governmental organization called the HERD foundation on the 5th of June. The petition sought an interim relief or a stay on the Winter 2020 offline Examinations conducted by the Maharashtra University of Health Sciences Exam. They also pleaded for a compulsory vaccination for the forty thousand students from the medical field who will be appearing for the examinations spread across twenty days and one hundred and seventy-three centres. 

The submission by Advocate Rahul Bhangde was dismissed by the Hon’ble court. He, therefore, pleaded that the students be tested negative for covid-19 before they sit for the examinations. It is a known fact the contamination of the virus is air-borne and that the same can be prevented only by physical distancing and by keeping the patients who have been tested positive, in isolation. Thus, it is important to know that no student is carrying the germ before the university risks the lives of so many students by conducting offline examinations which is already a risk in itself. Initially, the counsel pleaded that it is the responsibility of the university to conduct the test and make sure that all the aspirants are properly healthy and fit to sit for the exams. However, the university has stated that due to practical reasons and lack of time, it will not be possible for the authorities to do such a humongous task while handling the organization of the side of the examination by side. 

Supporting the explanation given by the respondent, the Hon’ble court has stated that it is upon the students to take the test on an individual basis and carry the report to the examination hall along with the hall ticket. A student will be allowed to sit for the paper only if the RT-PCR report is found to be negative. In case the report is not available with the student, it is advised that an urgent Antigen test is done and the student is allowed to sit for the paper. In such a case, the student will be asked to submit a negative RT-PCR report at the earliest date or on the date of the next paper, preferably by the 15th of June. 

After the cancellation of the board examinations, the future possibilities in the academic fields of the students as well as the chances of their admissions have become dependent on the entrance examinations conducted by the individual universities. Conducting such exams online will be risky according to several institutions. Postponement can cause uncertainty and anxiety in a lot of students. Thus, the mid-way has to be found. The Hon’ble Bombay High Court has also asked the Maharashtra University of Health Sciences to make all the aspirants aware of this declaration as soon as possible.

Sneha Mukherjee
I am Sneha Mukherjee from Symbiosis Law School Noida, currently pursuing a BA.LLB. I am a self-motivated person with an optimistic approach to life and a rational brain. I love to think, analyse and articulate my opinions without fear or favour. With a keen interest in learning, growing and persevering, I take a small step each day to realise my dreams and ambitions.