A plea has been filed before the Nagpur bench of Bombay High Court challenging the Maharashtra University of Health Science's (MUHS) order of conducting a physical examination of medical students starting from June 10, 2021.
The plea also challenged the state’s order of requesting that examinees sign an undertaking absolving the State of any duty if students test positive for the Coronavirus, resulting in the examination.
The petition was filed by NGO, HERD foundation, and student Nitesh Tantarpale through Advocate Rahul Bhangde demanding online examinations or directions that exams be conducted offline when all teachers, staff, and students are vaccinated.
The petition also asking directions for MUHS’ May 19,2021 notification to be declared as” arbitrary and unreasonable” as it is a violation of Article 14 (Right to equality) and Article 21(Right to life) of the Indian constitution.
The plea further stated that various students and their family members tested positive after NEET examination conducted in September 2020.
The Plea remarked that,
“Vaccination comes first and examination comes second This sequence will conform with Article 21 of the constitution of India as it will ensure that the students would be protected by the vaccine against the virus”.
The appeal also stated that as per the examination plan, students are likely to be exposed to the infection for almost 20 days,
"The petitioners present that the approach of the respondents is flawed in the present case. The respondents are giving priority to holding exams rather than the life and wellbeing of the students, the teachers, support staff, and the relative of each one of them. It is presented that the said exams can be held using online methods where the students can safely take the examination while being at home”.
The plea further adds that respondents take no responsibility if any of the students appearing for examination tested positive either at the time of examination or while staying in the hostels.
The petition therefore seeking from the court to “hold and declare” that the state cannot force students to sign an undertaking with the condition that they will not be liable if any student test positive while appearing for examination since it is a violation of Article 21 of the Indian Constitution.
The plea also stated that hall tickets and admit cards have still not been given, even though this process is generally undertaken a month in advance.