'CBSE, ICSE Students Will Get Seats & Your Students Will Suffer' : Supreme Court To Andhra Pradesh On Class XII Exams
story
The Supreme Court on Thursday called upon the state of Andhra Pradesh to provide a "snapshot" of its file-recording that records the satisfaction of the authorities as regards the infrastructural, logistical and other arrangements like invigilators, support staff and examiners, to hold the examination.The bench of Justices A. M. Khanwilkar and Dinesh Maheshwari also clarified that the state...
Your free access to Live Law has expired
Please Subscribe for unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments, Ad Free Version, Petition Copies, Judgement/Order Copies.
The Supreme Court on Thursday called upon the state of Andhra Pradesh to provide a "snapshot" of its file-recording that records the satisfaction of the authorities as regards the infrastructural, logistical and other arrangements like invigilators, support staff and examiners, to hold the examination.
The bench of Justices A. M. Khanwilkar and Dinesh Maheshwari also clarified that the state ought to have been convinced of all modalities prior to taking the decision to hold the physical examination and not as an after-thought. The bench warned the state that if the court is not satisfied with its decision-making process and its commitment to ensuring the health and safety of all, it will not let the state proceed with it.
Reiterating that it shall hold the state responsible for even one fatality which transpires on account of the examination, the bench stated that it shall invoke the frontline workers' scheme for compensation against the state.
The bench frowned upon the vagueness of the state's affidavit where it says that it shall "endeavour to tentatively hold the examination in the last week of July" and that it shall notify the students 15 days in advance.
The bench also indicated that college admissions will not await the conduct of the exam and the subsequent declaration of results by the state of AP, that it shall direct the UGC to announce a cut-off date for declaration of results in pursuance of UGC's assurance that colleges shall not commence the admission process until all boards have declared the result. "CBSE and ICSE students will get the seats and your students will suffer", the bench warned the state of AP.
The following is the courtroom exchange as it transpired on Thursday:
The counsel appearing for the state of Andhra Pradesh informed the Court that the government has taken the "difficult decision" to proceed with the conduct of the physical examination "keeping in view all matters, particularly, that at the end of the day, class 12th plays a very significant role".
When the bench inquired that the state is suggesting the conduct of the exam in the last week of July, the advocate advanced that that is the "endeavour" and that "we can have before also".
"The situation is uncertain, we don't know what will happen in July. But if you contact the examination in July, when will you declare the results? Others' admissions will not be waiting for your results!", Justice Khanwilkar told the advocate.
"We will try to do it earlier, if you permit us", saisd the counsel.
"That time you have to specify very clearly", the judge told him.
Indicating the affidavit filed by the state on Wednesday communicating its decision to proceed with the conduct of the exam, the judge pointed out, "In your affidavit, you say that the students will be so placed that there are not more than 15 or 18 students per room. Have you worked out the formula? How are you going to arrange for 34,000 rooms? You have already taken the decision that not more than 15 students will be there in each room. We assume you must have that formula available with you? How will you divide the students in the rooms? Where will you get so many rooms? On what basis have you made this declaration in the affidavit that not more than 15 students will be there in one room? The room is approximately 25 x 25 feet?"
"I am given to understand that that has been worked out. There are schools and existing government buildings will also be utilised. I am given to understand we have these many rooms", told the advocate.
"We want a chart indicating how you have arranged these 34,000 rooms. And that information must have been available with you before you took the final decision- that also you have to state on affidavit! You can't be looking for rooms now, that can't be the way of working", said Justice Khanwlkar.
Justice Maheshwari also pointed out that the day before yesterday, the state had maintained that it will go ahead with the exam tentatively and the Court had asked it to take a decision and come out with it on affidavit, but a perusal of the affidavit shows that uncertain terms have been employed in as much as it says that "the state shall endeavour to conduct examination tentatively in last week of July 2021"
"We are at a loss to understand what is conveyed here. We wanted you to take a concrete decision! That decision is 'endeavour to tentatively hold examination'?!. You can't leave things uncertain! It appears no decision has been specifically taken by you! You say you will inform them 15 days in advance? When will you do that? This was never expected of the state! If you want to hold the examination, then you have to come up with a specific and clear-cut scheme as to when and how you can go about it!", said the judge.
Justice Khanwilkar also added that the Court requires a concrete scheme and firm commitment of the state that it will ensure complete protocol- "We are not very convinced about it. How can we allow you to risk the life of students?"
The advocate sought to clarify that the "endeavour" is only as regards the dates which the state was finding difficult to finalise.
"We will accept this submission, but you must have a proper plan to convince us that these are the safety arrangements and protocols for the students. First-round Covid had different effects, the second Covid wave was very different. You have mentioned on affidavit that 6 feet distance is enough, but even that is not enough now. There has to be ventilation in the rooms also!", added Justice Khanwilkar.
"And it not just about students but there will be invigilators, teachers, support staff-the entire infrastructure and logistics have to be take care of but there are no explanations forthcoming!", said Justice Maheshwari.
"Yes, for 34,000 rooms, you will need 34,000 supervisors. Where will you get all this? Merely saying that we want to hold the examination is not enough! You have to take responsibility for the safety and security of students and other workers! You have staff working for the conduct of examinations. Then papers will be distributed to supervisors and checkers. How will you arrange all that?", asked Justice Khanwilkar.
"We have already taken steps in that regard. 50,000 employees have already been identified. And we are ensuring that all of them are vaccinated before they are posted. That I have stated on affidavit", replied the advocate.
"There are 5,20,000 students, with 15 students per room, you need 34,000 rooms. You require properly-ventilated rooms! Have you thought about it? We need a statement on affidavit!", asked Justice Khanwilkar.
"These calculations have been done, we will place all that on record- What rooms are available, what are the sizes, are they ventilated, how will we ensure that the staff and the students are protected", assured the advocate.
"You should have done this exercise earlier before taking this decision. Don't start gathering explanations right now. We want snapshot of that file where that explanation is made", observed Justice Khanwilkar.
"This is a sensitive matter in the sense that there cannot be two different sessions; it has to be one examination at one time. You need to have 34,000 rooms at the same time! Give us a break-up, so that we can see if it is correct or not to conduct the examination. Other boards have taken a conscious decision to cancel the exam, taking into account the ground-reality situation across the country", continued the judge.
'Merely having the examination for examination's sake will not do; We want to see in detail what went into the decision-making process'- SC
"We are here to counsel you, but you, as a responsible government, also are to be very conscious of the health and safety of the students and the staff. Merely having the examination for examination's sake will not do. If you have taken a conscious decision, then we want to understand in detail what you have gone into, the considerations before taking the decision, where is that file, what were the parameters, what was the background, what were the components based on which the decision was taken? It is not a question of examination alone, it involves the health and safety of everybody", said Justice Maheshwari.
The judge acknowledged that while cancellation has its own problems and that no board has willingly cancelled the exam, in the given scenario, one has to see the practical ground realities.
"We have seen just now that in 10 days' time, everything was over! We have to control the situation! That can happen again, the third wave can come, we have to ensure it does not happen. But if it does happen, are you going to then take a decision that you are going to cancel? Why not take the decision today? Why must inconvenience be caused to the candidates, the teachers?", added Justice Khanwilkar.
Justice Maheshwari inquired about the "contingency plan" to provide for a scenario where in the middle, the state finds that things are not going as they intended it and that there are certain, serious problems- "Then you are again putting everything in moreover uncertainty. You have to look at 360° angle. It is not as simple that I want to hold the examination and I will prove that I can hold it! Nobody is here to prove anything!",
Justice Maheshwari pointed out that the problem does not end with physical holding of exams in the examination hall- "You have to collect examination papers, you have to send them for evaluation them, paper-shuffling is there. All the aspects are required to be taken into consideration! You are not only dealing with five lakh students, you will be adding at least one lakh more persons who will be involved one way or the other!"
"All the boards who have conducted the examination did it in March when the second wave was not there. Now we have seen the second wave and there is anticipation of a third wave. Nobody is sure of when it will come", added Justice Khanwilkar.
"We want a snapshot of the file where the decision was taken, where the satisfaction is recorded by the authorities that there is enough infrastructure for these many students!", repeated Justice khanwilkar.
'Just because you have not conducted the exam cannot be grounds for not starting college admissions; CBSE/ICSE students will get admissions and your students will be deprived'- SC
"We can't have uncertainty as regards the declaration of the results. We are asking UGC to announce a cut-off date for declaring results. UGC has given us an assurance that the admission process to colleges will not start until the result is declared. But just because your board has not conducted the examinations cannot be a ground for not starting admissions! CBSE and ICSE students will get admissions and your board's students will be denied admission!", warned the judge.
"If there is even one fatality, you will be made responsible! There is a compensation scheme in case of fatalities among frontline workers- we will invoke that here also", added the judge.
"It is an international experience that where a two days' convention was held with 200 people, cases rose multiple times in those countries! Here, you will have six subjects and so many people are gathering!", said the judge.
The counsel pointed out that the difficulty they are facing is that there will be no way that they can examine the students by way of an internal assessment.
'Don't try to prove that you are different and you can hold the examination! If we are not convinced, we will not let you go ahead! If other boards can devise a mechanism, so can you!'- SC
"Find a solution for that! Your experts can advise you as to how to go about that! Averaging of marks is a known formula! It is a known practice, other boards are doing it, you have to follow that principle! Take advice of UGC, take advice of CBSE, take inputs from ICSE, you can invite their experts!", said Justice Khanwilkar.
"We have seen that problem that you have been giving gradings and that converting them into quantum of marks maybe a problem. But it is not that kind of a problem that no solution can be found", added Justice Maheshwari.
"Every problem has 10 solutions! You have to look for that solution! Unless we are convinced that you are geared up to conduct the examination without any fatality, we will not allow you to go ahead! Please take it from us! If the other board can do it, there is no reason why you cannot do it. Just because you want to show we are different?", said Justice Khanwilkar.
"We were also contemplating the cancellation but then the situation got better...It is definitely not that we are trying to prove that we are different", replied the advocate.
"We are not convinced of the commitment you are making", repeated the bench.
"Give me some more time. I will discuss and take instructions and place on record. Please don't have the matter tomorrow, give me some more time", pleaded the counsel.
"We have to take a decision, we should have taken it by now as to how to go about it. We can't keep the students waiting! All this should have been examined by the authorities before taking the decision! File a snapshot of the file-recordings!", said the bench.
Refusing to adjourn the matter for Monday, the bench listed it for 2 PM tomorrow, stating that the state must take a decision so that students can start studying for the examination- "Every day is counting. Every student may have a different difficulty at home"