Wednesday, August 26, 2020

NEET/JEE Examinations during the Pandemic in India: Whose interest will it really serve?

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Syed Ahmed Uzair

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NEET/JEE Examinations during the Pandemic in India: Whose interest will it really serve?

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Global Views 360

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August 26, 2020

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Students at an examination

Students at an examination | Source: Indian Express

India currently is the third worst-hit country globally in terms of the total number of COVID-19 cases which is still on the increasing trend. The country had imposed one of the toughest lockdowns across the world to counter the threat of Corona in the initial phase itself. Apart from the economic activities, the lockdown has impacted the education sector in a big way.

All the education institutions from pre-nursery schools to the professional colleges and universities were closed down in the month of March 2020 itself. These institutions are still closed for the physical presence of students and the classes are happening only through online modes which doesn't require students to venture out from their homes.

The schools and colleges cancelled the pending examinations of last academic year and gave general promotion to the students for the next class. Many examinations for admissions to various college programs in the country were also done away while some are still on.

Two of the biggest national level entrance exams, the NEET and the JEE, which have been postponed multiple times in the light of the increasing number of COVID-19 cases are now in the spotlight. This is due to the fact that the Ministry of Education recently stated that both the JEE and the NEET will be held in the upcoming month of September. The NTA has issued public notices citing that the JEE (Main) April 2020 is scheduled from September 1-6, while NEET-UG 2020 exam is scheduled for September 13.

The Supreme Court had responded to a plea filed on 17th August seeking postponement of the exams, while dismissing it, that the precious year of students “cannot be wasted”. The plea that had been filed through advocate Alakh Alok Shrivastava via 11 students from different states sought the quashing of the notices issued on July 3rd by the National Testing Agency (NTA), which set the dates for JEE and NEET in September next month.

The Medical Council of India (MCI) in response to the plea has submitted an affidavit to the Supreme Court stating that further postponement of the NEET would be a “drastic deviation” from the academic schedule which “may affect the subsequent academic years” of the students. It also ruled out the possibility of conducting NEET online owing to the “paper book format” of the exam. It further stated that conducting the exam at the same time everywhere is imperative and hence it cannot be organized in countries like Qatar and UAE which attract significant applicants.

With the centre looking adamant to organize the exams, student organizations like the National Students Union of India (NSUI), the student wing of the Indian National Congress, and the All India Student’ Association, student wing of the CPI(ML) have come together to protest against the decision. Both the outfits demanded cancellation of all first and second-year exams and giving promotion to the students, holding final year exams in a way such that students across the country can write them, and most importantly postponement of both the NEET and the JEE.

Dr. Ramesh Pokhriyal Nishank, Minister of Human Resource Development, India | Source: IndiaTVNews

An argument in favour of conducting the exams as given by Education Minister Ramesh Pokhriyal Nishank was that the majority of the aspirants had already downloaded their admit cards for the exams. However, it is quite easy to see that students do not have a choice. One can argue that if we put ourselves in the applicant’s shoes, even we would do the same and download the admit cards. This by no means is an indication that students are willing to appear in the exams.

My personal experience in appearing for the JEE and AMU-EEE back in 2017 and 2018 is more than enough for convincing me in favour of postponing the exams. For JEE alone nearly 15 lakh students appear annually. The examination centres are usually overcrowded both before the beginning and after the culmination of the exam and it is nearly impossible to maintain social distancing. Also, the students are normally accompanied by parents or guardians which further adds up to the crowd. Further due to the large number of applicants it will be impossible to maintain distance in the examination halls unless and until the number of examination centres is increased tremendously. Due to various financial and logistical reasons, this will be an uphill task to accomplish.

Students across the country have reacted strongly to the decision of the Court on social media. Most of them are worried about contacting COVID which will put their own as well as the family members’ at risk. Manish Chaubey, one of the 11 petitioners in SC, said, “My hometown is in Gorakhpur in Uttar Pradesh and I am in Mumbai at present. It will be a hassle and immensely risky to travel now. Why should I have to put my parents through this?". While some pointed out the irony of the SC using a virtual mode to conduct hearings for making students appear in the exams, others chose to blame the BJP for being inhuman in forcing students into crowded examination centres.

In an open letter to the HRD ministry and education minister Dr Harshvardhan, MadhuPurnima Kishwar, founder of human rights organization, MANUSHI, sought to address the countless appeals regarding various issues and concerns of applicants nationwide received by her. Most of the appeals revolved around safety concerns and fear of contracting the coronavirus disease and thus jeopardizing the safety of family members.

In the letter, she pointed out how the recently organized KCET and B.Ed exam in UP were a clear indication of how it would be nearly impossible to implement the distancing and safety guidelines in the overcrowded examination centres. The overwhelming shortage of examination centres in the light of distancing norms was also mentioned in the letter. She also stated how many IIT and AIIMS directors were of the opinion that the exams could be conducted in November without significant academic loss.

Another very important fact mentioned in the letter was regarding the applicants from countries like the UAE and Qatar. Due to the mandatory 14-day quarantine period for anyone arriving in the country from overseas, it will be very tricky for these applicants and their parents to travel under the current scenario. Parents of nearly 4000 applicants in these countries abroad had filed a plea for either postponing the exams or conducting them abroad. However, the NTA, after consulting with the MCI, ruled that conducting the exams overseas is not a viable option which means that all these candidates will be left stranded. Even if they manage to fly to India for appearing in the exams, they will then be subject to various guidelines issued by their parent countries abroad.

Multiple politicians also voiced similar concerns regarding the decision. Congress leader Rahul Gandhi urged the government to consider the concerns of the students appearing for the entrance examinations. Manish Sisodia, Aam Aadmi Party leader and the deputy CM of Delhi also echoed similar thoughts. BJP leader Subramanian Swamy on Sunday came up with 13 points concerning logistical issues as well as safety concerns in the argument for the need of postponing the exams.

Another very strong argument in favour of postponing the exams was the lack of public transport services due to lockdown in many districts and states of the country. While those who had arrangements for private vehicles would not face any issue, the others would be left stranded in the absence of the various means of public transports. Lastly, many states are still under various degrees of lockdown as the overall situation of the country is still not very great in terms of daily coronavirus cases. This would also make movement for those applicants with examination centres away from their native places very difficult.

The debate surrounding the NEET and JEE exams has become quite a heated issue around the country. With so many applicants and their parents asking for the postponement of the exams due to various safety concerns, it remains to be seen if the government would still go ahead in organizing these exams as planned.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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