Here’s why SC refuses to hear PIL seeking cancellation of UGC-NET- Firstpost

The Supreme Court on Monday refused to hear a public interest litigation (PIL) filed by a lawyer challenging the government’s decision to shut down UGC-NET following an alleged document leak.

But why did the Supreme Court dismiss the motion to hold a hearing?

A division bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the petition after finding that it was filed by a lawyer and not by the aggrieved candidate.

“What is your locus? Are you appearing on behalf of UGC NET?” CJI Chandrachud asked the lawyer who filed the application when the matter was taken up on Monday.

The top court asked advocate Ujjawal Gaur, who filed the international protection application as a petitioner, to focus on a few legal issues and leave those matters to the aggrieved parties.

“Why are you coming? Let the students come here themselves,” CJI Guar further said.

“You are a member of the Bar! … Occupy your time with some important matter. Do not file an application immediately after reading something in the newspapers,” the CJI said.

While refusing to accept the PIL, CJI Chandrachud said, “We do not comment on merit.”

The top court made it clear that the dismissal of the application would not deprive any candidate whose examination was invalidated of the opportunity to seek relief.

What did the lawyer say?

Gaur replied, “I have representatives from hundreds of students who are affected.”
The Supreme Court was not impressed, with the CJI replying, “Sure, let them come. Not you.”

“In dismissing the appeal, we note that we have not deprived any candidate concerned of the right to approach the Court. Dismissed,” the judge said.

What did the roll call say?

Guar had filed an appeal against the decision by the Ministry of Education and the National Testing Agency (NTA) to cancel the UGC-NET after concerns emerged that its integrity may have been compromised.

NET assesses the qualifications of candidates to apply for research fellowships including Junior Research Fellowship (JRF) and Senior Research Fellowship (SRF), which is crucial for pursuing PhD studies in India.

The UGC-NET examination is conducted for the purpose of obtaining junior research fellowship, appointment as assistant professor and admission to PhD programmes in India.

The UGC-NET exam was cancelled a day after it was conducted on June 18 due to concerns that the “integrity of the exam may have been compromised”.

Education Minister Dharmendra Pradhan later said that the question paper was leaked on the darknet and was spread via the Telegram app.

On June 19, the education ministry ordered the closure of UGC-NET and handed over the case to the CBI for investigation.

Gaur in his application also sought an order immediately staying the proposed reconsideration of UGC-NET till the CBI completes its investigation into the allegations of document leak.

“The petitioner contends that the decision is not only arbitrary but also unfair, considering the recent findings of the Central Bureau of Investigation (CBI). The CBI investigation brings to light the fact that evidence suggesting that the documents were leaked was fabricated, which invalidates the grounds on which the cancellation was based,” the plea filed through advocate Rohit Pandey said.

The UGC-NET conference has been postponed to August 21 to September 4.