1152 Students Move SC For Cancellation Of CBSE CLASS XII Compartment Exam, Adoption Of SC Accepted Formula For Evaluation Of Class X And XII Students

1152 Class X and Class XII students across the Country have approached the Supreme Court  for cancellation of CBSE CLASS XII Compartment/Private/Repeaters examination

The Petitioners have also prayed for a direction to the CBSE Board to arrive at a formula for performance evaluation of the Class XII private / compartment / repeaters students in line with the assessment formula adopted by CBSE and other Education Boards for the regular students and to release the results in a time bound manner.

The Petition filed through Advocate Manu Jaitley and Advocate Abhishek Choudhary also seeks a direction to CBSE Board to arrive at a formula for performance evaluation of the Class X private / compartment / repeaters students in an expedite manner and to release the results in a time bound manner.

The Petitioners submitted that keeping in view the safety, health and well being of all the private / compartment / repeaters candidates of Class XII CBSE Board examination 2021, their parents and family members, teaching faculty and all stakeholders, the notification issued by CBSE calling off the Class XII Board Examinations, owing to the prevailing Covid-19 pandemic situation in the country, should be given widest interpretation so as to include all categories of students. 

On 03.06.2021 Supreme Court had directed the CBSE to devise and place on record a well-defined objective criteria for assessment of performance of the candidates within two weeks from the date of the order. 


That pursuant to the aforesaid order / direction dated 03.06.2021, the CBSE placed on record 'objective criteria for assessment of performance of the candidates' on 17.06.2021 before the Supreme Court and the Court accepted the formula. 

The petitioners submitted that he CBSE has attempted to give unequal treatment to Private / Patrachar / 2nd chance Compartment candidates of Class X and XII, thereby creating a classification which has no reasonableness, rational and hence, is prima facie, unfair, unjust, arbitrary, and unreasonable and violative of the principles of equality enshrined under Article 14 of the Constitution of India. 

"That owing to the prevailing Covid-19 pandemic situation in the country it is not advisable to conduct physical mode examination for the Private / 2nd chance Compartment candidates, as it would endanger their life and would expose them to an environment that may not be safe".

The petitioners submitted that this would not only be unfair and unreasonable but would also be violative of the Article 14 of the Indian Constitution, as no medical expert, professional scientist, body or agency can say conclusively about any date, probable or otherwise, which may be considered as conducive for conducting the examinations for Class XII Private / Patrachar / 2nd chance Compartment candidates. 

Petitioners submitted that the classification sought to made in present case between regular Board Students on one hand and the private / compartment / repeaters candidates of Class XII CBSE Board examination 2021 on the other is prima facie irrational, unreasonable and is bad in law on the ground of violation of the basic feature of our Constitution, namely, the principles of equality enshrined under Article 14 of the Constitution. 

Petitioners submitted that the "Guidelines For Conducting Practical Examinations / Project / Internal Assessment For Classes X & XII" issued by the CBSE dated 27.02.2021 clearly stipulates at point no. 9 (Class XII – Private Students) that there will be no separate Practical Examinations / Project / Internal Assessment in respect of private students. Therefore, with respect to the private and compartment students for Class XII examination-2020, CBSE would be in a position to declare their results based on a similar assessment policy as would be made applicable to the regular students. In case of the candidates from examinations prior to 2020, prorata marks may be awarded while computing results basing on their previous performance assessment. 

Petitioners also seeks a direction to CBSE to allow Class X & XII private / compartment / repeaters students to file their objections within a reasonable period of time, in case they are not satisfied with the results so published in terms of prayer no. B of this application, 


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