CBSE Class XII Marks Not Assessed As Per 30:30:40 Formula; No Dispute Resolution Mechanism : Plea In Supreme Court

The Supreme Court on Friday considered two writ petitions filed by Class XII students who complained that their schools have failed to assess their results as per the 30:30:40 formula approved by the Court and that the CBSE has not adequately redressed their grievance.

A bench comprising Justices AM Khanwilkar and CT Ravikumar asked the petitioners to serve advance copy of the petitions to the Centre and the CBSE and posted the matter for hearing on October 8, 2021. Advocate Pardeep Gupta appeared for the petitioners.

The writ petitions raise the issue of failure in complying with the directions passed by the Supreme Court on June 17 in the case Mamta Sharma v CBSE and Ors. in respect of Dispute Resolution mechanism prescribed by the circular dated August 8, 2021 and 30:30:40 formula while declaring class XIIth Results( Cases : Urvashi Naidu v CBSE and Mohd Abraj v Holy Home Public School Nanauta Saharanpur UP and Ors).

Petitioners in the petition (Urvashi Naidu) have averred that their marks haven't been calculated on the basis of their actual performance adopting the 30:30:40 formula of CBSE. But reliance has been placed on their School's average score for Science stream for reference year 2020 marks and that CBSE has deducted their marks arbitrarily and have awarded much lesser marks which have caused great prejudice to them.

"The issue for consideration before this Court is whether or not the respondents are duty bound to decide the cases raised through proper channel of Dispute Resolution Mechanism by passing a reasoned/speaking order after considering the peculiar facts and circumstances of the case instead of simply responding with a vague reply that marks have been correctly awarded in terms of the policy approved by the Supreme Court of India," petition preferred by Urvashi Naidu states.

It is also contended in the petition that the CBSE has failed to implement the Dispute Resolution Mechanism prescribed vide its circular dated 08.08.2021.

In the petition filed by Mohd Abraj, it has been contended that the students requested for a detailed scorecard prepared on the basis on 30:30:40 formula affirmed by the Top Court but no information till date have been provided by CBSE.

It has also been averred that marks have not been awarded to the students on the basis of their actual performance by adopting the 30:30:40 formula of CBSE but marks have been deducted by the School arbitrarily.

"Students cannot be penalised for the negligence/ fault/ non compliance of Dispute Resolution Mechanism of the School," petition states.

The petitions have been filed through Advocates Ravi Prakash and Mamta Sharma.

The Top Court bench of Justices AM Khanwilkar and Dinesh Maheshwari on June 17 in a petition filed by Advocate Mamata seeking cancellation of the Class 12 CBSE and ICSE written exams while accepting the scheme formulated by CBSE and ICSE for evaluation of students Boards to incorporate the provision for dispute resolution in case students want correction of final result declared, and to provide a timeline for optional exams would be declared.

Case Title: Urvashi Naidu, through her Father Suresh Jayaraman Naidu and Others v CBSE|WP(c) No.1081/2021 and Mohd Abraj, Minor Through Guardian, Father Mohd Irfan and Others v Holy Home Public School Nanauta Saharanpur UP and Ors|WP(c) No.1060/2021