The Supreme Court on Friday upheld the University Grants Commission’s directive to universities to hold final-year undergraduate and postgraduate exams by September 30 but left the door ajar for state governments to seek Covid-related postponements.

The court rejected the stand taken by some states and other petitioners that the exams must be cancelled in view of the pandemic and the students awarded degrees on the basis of internal-assessment marks.

It, however, ruled that the states are empowered under the Disaster Management Act, 2005, to seek postponement of the exams “in consultation” with the UGC, the higher education regulator.

Bengal was among the states that had opposed the September exams, contending that the examinees would be at risk of catching the coronavirus infection. Such states must now seek UGC approval to postpone the exams in universities located within their borders.

On Friday, chief minister Mamata Banerjee said: “I can tell you this much that examinations will not be held in September. That question does not arise. If the examinations are to be held, I will urge the education minister to look into the possibility of holding the exams before the Puja, through online or offline mode, so that the students are not inconvenienced.”

The country is estimated to have more than 1 crore final-year students in undergraduate and postgraduate courses.

Other states like Rajasthan, Odisha, Maharashtra and Delhi too have opposed the September exams.

On Friday, the Supreme Court bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah said: “Final year/ terminal-semester examinations are... the only way to figure out what students know... (and allow) the students to improve upon their overall score.”

While the UGC has allowed the exams to be held online, most universities are not considering the option given the lack of reliable Internet connectivity and devices among students from poor or rural families, and the impossibility of invigilation.

The apex court passed its verdict after hearing a batch of petitions and cross-petitions. While some states, students and organisations had sought cancellation of the exams, other petitioners had questioned the decision by some states to scrap the exams and award degrees on the basis of internal assessment.

“Final year/ terminal-semester examinations are important because the learning process is a dynamic interaction where the only way to figure out what students know is to seek evidence of their knowledge and to evaluate it. Performance in examination, especially final year/ terminal-semester examination, (is a) reflection of the competence of the students,” Justice Bhushan, who authored the judgment, wrote.

“Terminal-semester/ final-year examination also provides an opportunity to the students to improve upon their overall score/ marks which are very crucial for academic excellence and opportunities of employment.”

The court interpreted provisions of the UGC Act 1956 and the National Disaster Management Act 2005, under which the State Disaster Management Authority is constituted, to rule that the UGC guidelines overrode the states’ say on the conduct of the examinations.

Exam cancellations do “not fall within the jurisdiction of the Disaster Management Act, 2005, and shall have no protection of Section 72 of the Disaster Management Act, 2005”, the court said. Section 72 has an overriding effect over any law inconsistent with the Disaster Management Act.

But this special power cannot be a fetter on the UGC’s powers to issue directives on higher education, such as the mandatory conduct of exams, the court ruled.

However, a state government cannot compromise on the health of its people, either — so the UGC guidelines shall not “fetter” the state’s powers “to take appropriate measures to contain the disaster”.

“The state authorities are competent to assess the situation in a particular state regarding (the) possibility of holding of examinations,” the court said.