CBSE Class 12 Exam : Supreme Court To Hear Plea Of Students' To Retain Original Result After Failing In Improvement

The Supreme Court today adjourned for November 22 the writ petition filed by class 12th students who were either declared fail or awarded very less marks in the improvement examination seeking issuance of directions to CBSE to not cancel their original result in which they were declared as Pass.

The bench of Justices AM Khanwilkar and CT Ravikumar directed Advocate Mamta Sharma appearing for the students to serve an advance copy to the Standing Counsel of CBSE and the Union Ministry of Human Resource Development).

The petition had also sought issuance of directions to the CBSE to maintain original results of the petitioners instead of the result of improvement examination

It was argued in the petition that the students are under an apprehension that their original result declared by the CBSE in which they were declared pass will be cancelled, on the basis of clause 28 of the Evaluation Policy by CBSE dated June 17, 2021.

As per the said clause, "Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations. As per this policy, marks scored in later examination will be considered final."

In this regards the students have contended that the clause is contradictory to CBSE's own other circulars and to the responses given to students for the following reasons:

• CBSE's circular dated March 16, 2021 as per which- "Better of the two marks obtained in the subject were to be considered for final declaration of results and candidates who will improve their performance were to be issued combined mark sheet."
• Press release dated September 29, 2021 which stated that 34317 students had appeared in the offline exam for the purpose of improvement and as per clause 3, " Regular category candidate were already declared pass and appear in this examination for the purpose of improvement of their performance."
• Email responses of CBSE dated October 11, 2021 as per which, "New one marksheet is valid" and November 20, 2021 as per which, "In case of improvement both marksheets are valid. You can use either one."
  

It was argued in the petition that CBSE is duty bound to follow its following byes laws and cannot forfeit the right of the students having declared already passed by applying the formula of 30:30:40 propounded by Supreme Court of India in Mamta Sharma V. CBSE & Ors.

"It has been held by this Hon'ble Court in a catena of judgments that while looking at the constitutionality of any policy its not just the object which is to be taken into consideration but the actual impact of the policy is to be taken into account and in the present case students opted to appear in offline examination for the purpose of improvement of their scores and now have been either declared fail or awarded very less marks in comparison with the original marks awarded to them. That petitioners herein took admission to higher education on the basis of their previous marksheet and now they are at the verge of cancellation of their admission due to subsequent result of improvement examination in which either they have been declared fail or awarded less marks in comparison with the original score. Hence, the action of the official respondent is unconstitutional, illegal and arbitrary in the present set of facts and circumstances as violative of Article 21, 21-A, 14 of the Constitution of India read with Article 141 of the Constitution of India," the petition stated.

The petition was drawn by Advocate Mamta Sharma and filed by Advocate on Record Ravi Prakash.

Case Title: Sukriti & Ors v CBSE & Ors

Click Here To Read/ Download The Order