CUET & UPSC Delays: Rights of Students and Legal Remedies
- ByAdmin --
- 23 May 2025 --
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In recent months, widespread disruptions in the conduct of major competitive exams like the Common University Entrance Test (CUET) and delays in Union Public Service Commission (UPSC) processes have raised serious legal and administrative questions. Students have expressed deep concern over technical glitches, postponed exams, and procedural ambiguity — all of which impact their academic and professional future. These delays not only disrupt personal planning but also challenge the constitutional and legal framework meant to ensure equal and fair access to opportunities.
Constitutional Rights of Students
The delays and inefficiencies in the conduct of CUET and UPSC exams may infringe upon several fundamental rights under the Constitution of India:
Article 14 – Right to Equality:
Repeated deferrals can result in unequal treatment of students from different states and socio-economic backgrounds, especially where access to digital resources varies.
Article 19(1)(a) – Freedom of Expression:
Students' right to voice grievances over exam delays and mishandling, both online and through peaceful protest, is protected.
Article 21 – Right to Life and Personal Liberty:
Interpreted to include the right to education and dignified life, uncertainty in exams may violate this right due to increased stress and mental trauma.
CUET 2024: Timeline of Chaos
The CUET-UG 2024, conducted by the National Testing Agency (NTA), faced:
- Multiple cancellations and postponements of exams.
- Technical errors at centers due to poor infrastructure.
- Inconsistent communication from authorities, resulting in confusion among students and parents.
Delay in publishing results, affecting college admissions across central universities.
These lapses have attracted scrutiny from both Parliament and the judiciary, with calls for a revamp of the NTA and better regulatory oversight.
UPSC Delays: A Cause for Concern
The UPSC is India’s premier recruitment body for civil services. Though known for its transparency, recent delays in interviews, preliminary notifications, and result declarations have triggered:
Loss of a valuable academic or employment year for aspirants.
Overlapping of exam cycles (e.g., CSE mains and optional subject overlaps).
Anxiety and stress among aspirants already under significant pressure.
While not as frequent or technical as CUET issues, these delays point to a need for greater procedural efficiency and accountability.
Legal Remedies Available to Students
Students affected by these delays have several legal remedies and forums available:
Writ Petitions under Article 32 or 226:
Students can approach the Supreme Court or High Courts via Public Interest Litigations (PILs) or writs for enforcement of their fundamental rights.
Right to Information (RTI) Act, 2005:
Students and parents can file RTIs to seek details on delays, internal reports, and accountability of the concerned agencies like NTA or UPSC.
Consumer Protection Act, 2019:
In some cases, courts have entertained exam candidates as consumers of government services, allowing complaints to be filed for deficiency in service.
Judicial Precedents:
Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993) – both cases affirmed the right to education as part of Article 21.
Avinash Mehrotra v. Union of India (2009) – emphasized safety and dignity of students as paramount.
Recent Court Interventions
Delhi High Court (June 2024) took suo motu cognizance of technical failures in CUET and issued a notice to the NTA, demanding an affidavit explaining corrective measures.
Supreme Court (2023) observed that delays in conducting exams “should not jeopardize the career of meritorious students.”
Allahabad High Court recently passed interim orders directing the NTA to reschedule exams within reasonable time and to provide travel reimbursements for affected candidates.
Role of Regulatory and Monitoring Bodies
University Grants Commission (UGC):
As the parent body for CUET, it is expected to ensure adherence to academic calendars and digital readiness.
Ministry of Education:
Has been asked by Parliamentary panels to submit reports on NTA's failures and suggest alternatives like better exam software or offline backups.
National Human Rights Commission (NHRC):
May be approached under Article 21 violations due to mental distress and infrastructural negligence impacting student dignity.
Need for Long-term Reforms
Codification of Exam Conduct Standards:
India lacks a dedicated law regulating conduct, timelines, and accountability of entrance exams. A legislative framework is needed.
Transparent Grievance Redressal:
Dedicated redressal portals and faster complaint resolution mechanisms can restore trust.
Digital Infrastructure and Mock Trials:
Mandatory simulation tests and checks should be institutionalized for tech-enabled exams to avoid last-minute technical failures.
Conclusion
The delay and disruption in major exams like CUET and UPSC compromise students’ right to fair opportunity, education, and dignified life. While courts have intervened on a case-by-case basis, a structural overhaul is necessary to ensure that future aspirants do not face similar obstacles. Legal awareness, regulatory accountability, and judicial monitoring must converge to safeguard the educational aspirations of millions.
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