'We're Focusing Only On Class XII' : Supreme Court Asks Students Seeking Cancellation Of Kerala Class XI Exams To Approach High Court

The Supreme Court on Thursday refused to entertain a petition seeking the cancellation of physical exams for Class XI proposed to be held by the Kerala State Board in September.

Observing that the Court is focusing only on the grievance of Class XII students, it dismissed the petition, giving liberty to the petitioners to approach the Kerala High Court.

"As regards Kerala, the issue is limited to Class XI exam.  The State of Kerala has already conducted 12th standard examination in the month of April 2021. In the present proceedings, we are focusing only on the grievance regarding 12th standard examination of respective boards of different states. Resultantly, we don't wish to examine the grievance of students of Kerala pursuing eleventh standard examination. Students from Kerala of eleventh standard are free to file a writ petition before the High Court raising all contentions available. The same are left open", ordered a vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari.

The bench was hearing an intervention application filed by few Kerala students in the PIL filed by child rights activists Advocate Anubha Shrivastava Sahai against the state board exams for Class 12.

During the hearing today, the Bench was informed by Advocate G Prakash, counsel appearing for State of Kerala, that Class XI marks will be counted in the exams that will be conducted in 2022 and will not be counted this year.

The bench then sought response of Advocate Prashant Padmanabhan, appearing for intervenors, to State's submission that 11th marks will not affect admissions this year. The bench observed that the Class XI results may not have any bearing on admissions this year.

"This is Class 11th. It is indicated that this particular exam can be held even in September or October as it will have not bearing on admissions, as admissions you will get only after Class XII. The persons in Class XI today will take Class XII next year, and only then will they get admissions." Justice Maheshwari explained to the Mr Padmanabhan.

"Students of Class XII who have already appeared in their exams this year, their Class XI exams were already conducted last year. So far as you are concerned, your marks will be relevant only after 2022" Justice Khanwilkar added.

Mr Padmanabhan submitted that the Students are anxious as they have started classes for Class 12th now and they will have to break that and suddenly study for class 11th. Further as combined marks of 11th and 12th will be counted for admissions to Colleges after Class 12th, these marks are relevant. He added that the students are confused as to whether they should study for Class XII or study for Class XI exams.

Taking note of Mr Padmanabhan's submission, the Bench posed a question to Mr Prakash appearing for the State that, if the students will get pressurized due to Class 11 exams as they have already started classes for Class XII.

"They have already prepared, and their class are already over. Only because of covid was their exams were not conducted." Mr Prakash said.

The Bench at this juncture suggested that the Board may grant them a time of one month or 15 days after consulting with the experts to prepare for the exams.

"He has a point that when they pursuing Class XII syllabus, in the midst of that they are asked to appear in Class 11th examination that needs some time for preparation. That 15 days time can exclusive be exclusive for Class XI preparation and at that time Class XII syllabus will not be continued." the bench said.

"That we can undertake. I will talk to the experts and will get instructions on that" Mr Prakash said.

Mr Padmanabhan however suggested that at least 3 months time for preparation should be given to students. He further elaborated on the grievances of the students stating that the digital divide is huge especially for students in remote areas. He added there were no physical class or interaction with students as the classes were telecasted through a channel.

The bench however did not agree with Counsel's submission that a preparation time for 3 months should be provided to the students.

"The point is that Class 11th syllabus is complete and you only have to appear in the examinations. Preparation time of 10-15 days exclusive for Class XI is good enough for you. Class XII will not be continued is what we are suggesting, as a way of balancing the situation." the Bench said.

"You cannot say that give us three months. What is the basis of this suggestion? If you have not studied for the whole year of 11th standard, we cannot help you. Then you have to study again" " the bench added.

While submitting that the classes in State of Kerala have not been completed, Mr Padmanabhan stated that the State of Kerala be asked to file an affidavit stating that syllabus is complete.

At this juncture, noting 'unnecessary issues' are being created, the Bench observed that it will ask the intervenors (Class XI Kerala students) to approach the High Court instead and get their grievances resolved there.

"Kerala matter we will delete from our proceeding. We will say you go to the High Court and get it resolved there. 11th standard we are not mixing with 12th. We are not concerned with Class XI Board Exams of Kerala" the bench observed.

Also happened during the hearing :

Class 12 Exams - Uniform Scheme Of Assessment For State Boards Impossible; Will Not Direct That : Supreme Court

Supreme Court Directs State Boards To Notify Assessment Scheme For Class XII Within 10 Days; Sets July 31 Deadline For Results

'Are You Going To Risk Students' Lives?' Supreme Court Warns Andhra Pradesh Govt Against Holding Class XII Exams Amid COVID