Team Herald
PANJIM: The High Court of Bombay at Goa has asked the Ministry of Home Affairs (MHA) to submit instructions for holding examinations in schools and colleges, as a fresh petition was filed on Tuesday seeking a review of the court’s earlier order declining to stay the SSC examination slated to begin from May 21.
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Being an urgent matter, the court has scheduled the hearing for Wednesday at 10 am with Assistant Solicitor General of India Pravin Faldessai requested to obtain instructions from MHA “as to whether any of the clauses of the MHA’s order dated May 17, 2020 prohibit even holding of the examination in schools and colleges”.
“The MHA is directed to impart these instructions to the ASGI at the earliest, so that the same can be placed before this Court tomorrow (Wednesday) itself. It is emphasised that some stand, one way or the other, will have to be taken by the MHA and this Court will not appreciate any excuse that there has been some difficulty in obtaining instructions. The situation is of urgent nature and can obviously brook no delay,” Justice Mahesh Sonak said. The State government and the Goa Board of Secondary and Higher Secondary Education have also been asked to file their replies.
Petitioner Cedric Vaz, whose previous petition to revoke the examination was declined by the court last week; moved the court with another plea on Tuesday citing change in circumstances.
“On May 15, 2020, an order was made declining stay on holding of the Standard Xth examination which is scheduled to commence from May 21, 2020. Since then, the situation has changed, and changed not for the better in so far as COVID-19 situation is concerned,” the petition stated, adding, “Firstly, the lockdown which was to conclude by May 18, 2020, has now been extended by the MHA order dated May 17, 2020, up to May 31, 2020. Secondly, when the decision was taken to hold examination on or about May 6, 2020, Goa did not have a single COVID positive case. On May 15, 2020, no doubt, some positive cases were detected from out of the persons entering into Goa consequent upon limited desealing of the borders. However, as of today, it is pointed out that there are at least about 31 positive cases which are being treated in the State of Goa.”
Advocate General Devidas Pangam emphasised that only persons coming from out of Goa have been detected COVID-19 positive. He also submitted that the present order relaxes several of the conditions included in the earlier order while further mentioning that had the Central Government intended to prohibit holding of examinations, it would have clearly stated in the orders issued. The AG further reiterated that adequate measures, as indicated in the MHA orders, have in fact been taken and will be taken, so that there is no compromise on the issue of health and safety of students and staff involved in the exams.
QUESTION SET
PETITION POINTS
– Situation has changed, and changed not for the better
– Lockdown, which was to conclude by May 18, has been extended up to May 31
– When decision was taken to hold examination Goa did not have single COVID positive case
– Now there are at least about 31 positive cases being treated in Goa
GOVERNMENT RESPONSE
– Only persons coming from out of Goa detected COVID-19 positive
– Present MHA order relaxes several conditions included in the earlier order
– Adequate measures, as indicated in MHA orders, have been taken and will be taken
COURT DIRECTION
– MHA directed to impart instructions for holding exams
– Some stand will have to be taken by MHA
– Situation of urgent nature and can obviously brook no delay
