Class 12 Assessment Not Based Only On Student's Actual Performance; Past Performance Of School Also Accounted : CBSE Tells Supreme Court

The CBSE has told the Supreme Court that to evaluate the Class 12 marks for this year after the cancellation of written exams due to COVID, it is bound to take into account not only the actual performance of the student but also the past performance of the school.

Responding to a writ petition filed by a student raising grievance against the Class 12 assessment, the Board stated that its evaluation policy provided for considering the historical performance of the school, subject wise mean, overall school average and moderation criteria for which a special software has been developed.

The Board refuted the petitioner's contention that only the actual performance of the student ought to be considered. Pointing out that the assessment formula for Class 12 exams was already approved by the Supreme Court in the case Mamata Sharma v.Union of India, the Board contended that the petitioner was trying to reopen the already settled issues.

"The chart produced by the petitioners has been prepared on the basis of wrong reading of the Evaluation Policy by taking only one component of the overall computation of the marks ie Class X (30%)+ Class XI (30%) + Class XII (40%) only whereas, the evaluation policy provided for taking into consideration the historical performance of the school, subject wise mean, overall school average and moderation criteria for which a special software was developed by the board," the counter-affidavit filed by the CBSE stated.

The affidavit has been filed in the writ petition filed by a student named Urvashi Naidu in which it was averred that their marks haven't been calculated on the basis of their actual performance adopting the 30:30:40 formula of CBSE.

On October 8, the Top Court had asked CBSE to file its response in the writ petitions.

The CBSE submitted that the "historic/past performance of the School has to be taken as one of the components for the purpose of declaring the result" as per the approved formula. 

"The petitioners had failed to point out any error in their results vis a vis the Evaluation policy dated June 17, 2021 which was approved by the Court in Mamta Sharma", the affidavit stated.

With regards to petitioner's prayer for directing the board to declare the results of petitioner's students by taking into account the actual marks obtained by them without considering previous years (reference year) unsatisfactory performance of the School, CBSE stated that the same was contrary to the Evaluation Policy.

"Accepting the requests of the petitioner's will not only mean deviating from the evaluation policy which has been accepted across the country but would also result into revising the results of all the students which is already settled and based on which almost all Universities have completed their admission process," affidavit further stated.

The Board also pointed out that the students who were not satisfied with the assessment had the option of appearing for the improvement exams.

The bench of Justices AM Khanwilkar and CT Ravikumar today granted one week's time to the petitioners to file rejoinder to the CBSE's affidavit.

Advocate Pardeep Gupta submitted that due to the low average of the school, the overall variance in actual scoring of Urvashi Naidu (one of the petitioners in the writ petitions) and scoring provided by CBSE was 22.63%.

Details of the Petitions

Petitioners in the petition (Urvashi Naidu) had 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 stated.

In the petition filed by Mohd Abraj, it was 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 was also 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 stated.

The petitions have been filed through Advocate(s) Ravi Prakash and Mamta Sharma.

Case Title: Urvashi Naidu, through her Father Suresh Jayaraman Naidu and Others v CBSE| WP(c) No.1081 of 2021.

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