Supreme Court Lists CBSE-ICSE Student's Plea Seeking Hybrid Option For Class X-XII Term Exams On November 18

The Supreme Court on Monday adjourned writ petition seeking urgent directions to conduct Class X and XII CBSE - ICSE Term I exams in hybrid manner for November 18, 2021. 

When the matter was called for hearing, the bench of Justices AM Khanwilkar and CT Ravikumar said that it would tag the matter with a similar matter (WP(C) 1081/2021) since both the petitions were seeking similar relief.

Appearing for the students, Senior Advocate Sanjay Hegde submitted that the matter required urgent consideration and contended that the matter with which the bench was tagging the petition dealt with some different issue.

"The exams are going to start from tomorrow..We request for urgent hearing. My Lerned Friend, the Advocate on Record, says that this matter is different," submitted Senior Counsel. 

The connected petition was originally listed for January 4. However, taking note of the urgency expressed by the senior counsel, the bench advanced the posting, and listed both the matters for hearing on November 18.

The bench said that if the matter with which the bench tagged the petition is different, it would consider that. 

"If that's a separate matter, we'll consider that," the bench remarked. 

The bench also asked Senior Counsel to serve advance copy of the petition to standing counsel of CBSE.

Details of the Petition

The petition filed through Advocate Sumanth Nookala had challenged the revised examination schedule directing the exams to be conducted in offline mode only instead of adopting Hybrid mode from November 16th and November 22nd onwards.

The petition had sought quashing of the following two circulars:

* Circular dated 14.10.2021 in so far as the schedule for Term 1 Exams for X and XII class students of CBSE Board was to be conducted in Offline mode alone

* Circular dated 22.10.2021 in so far as the schedule for Semester 1 Exams for ISC and ICSE was revised to be conducted in Offline mode alone

The petitioners had argued that the Date Sheet discloses exams for major subjects spread over three weeks placing the petitioners and the like in great apprehension on the risk of infection and the impact on subsequent exams.

* It has been stated that preceding the exams for major subjects in December 2021 are the exams for Minor subjects in November 2021 in physical mode further aggravating the likelihood of turning the exams for Major subjects into Super Spreader Event.

"At any rate, such continuous exposure through offline exams sharply increases the risk of infection to Covid 19 rendering the impugned action as arbitrary and in violation of Right to Health." the plea states.

The petitioners had taken a specific stand that Hybrid or Blended Mode of Examination is the need of the hour and better facilitates Social Distancing reducing the strain on logistical constraints.

Arguing that obtaining consent without giving a choice is ex-facie arbitrary and illegal, the petitioners had submitted that many students have reported that consent is being secured by resorting to misrepresentation and coercion.

Case Title: Abhyuday Chakma & Ors vs Union of India & Ors| WP(C) 1240/2021

Click Here To Read/Download The Order