Pleas Seeking Cancellation Of CBSE Compartment Examination: Live Updates From Supreme Court
Supreme Court has commenced the hearing on petitions seeking cancellation of compartment examination During the hearing yesterday, Advocate Abhishek Choudhary, appearing for the intervenors(private and second compartment students of CBSE), told the Bench that it has been stated by CBSE that the exam will be held when the situation is "conducive"."Clause 29 of the Evaluation Policy talks...
Supreme Court has commenced the hearing on petitions seeking cancellation of compartment examination
During the hearing yesterday, Advocate Abhishek Choudhary, appearing for the intervenors(private and second compartment students of CBSE), told the Bench that it has been stated by CBSE that the exam will be held when the situation is "conducive".
"Clause 29 of the Evaluation Policy talks about private and second compartment students, and states that examination will be conducted when time is conducive to conduct examinations. If this is the scenario then unequal treatment will be given to regular students and private students." Choudhary submitted.
"If they appear along with other students when exams are conducted then what will be the difficulty? Second compartment students can appear in the proposed exams to be conducted by concerned Boards for improvisation of Students." the Bench asked.
Choudhary responded saying that the difficulty would be that, if a compartment student does well in say an entrance test like CLAT, he can't take admission because Class 12 exam for compartment students are in abeyance. Further, he added that CBSE's clause says that environment needs to be conducive, but when the environment will be conducive cannot be said.
writ petition deserves to be dismissed. (Anshul Gupta vs UOI)
Bench: If other Boards have conducted exams, doesn’t necessarily mean that Boards before us are bound to do that. These Boards are independent Boards. They have taken decision to cancel exams which accc to them is in larger public interest of the students
Bench: We observe its not possible to accept suggestions made by MR singh. At the outset Mr Gupta appearing in person stated that it would be appropriate to direct Boards to conduct examination. It’s not possible to execute the suggestion
Bench: After hearing Mr Singh and response given by AG, we have no hesitation in taking view that those suggestions can’t be taken forward. We’re of considered opinion that it will result in denial of option to students.
Bench: First submission made by Mr Singh appearing for intervenors that Option to improvise the results must be given at the outset, and results should be declared together.
Choudhary: If date is provided, there are institutions in India that take direct admissions based on class 12th marks. These seats will then be filed by the regular students
Choudhary: Exams were cancelled due to covid. Is covid not applicable for private students
Bench; You are repeating the same arguments again
Bench: Assurance has been given by AG that these exams will be conducted before 15th August. What’s the problem then.
AG: 15th of September.
Bench asks Choudhary: Is this correct these are same students who were given chance to appear last year ?
Choudhary: That only forms one part of these students
AG: I’m told Compartment students were given opportunity last year then they failed, and now they are asking for an exam again.
Bench: We don’t know if they are same set of students. Its not correct to say that they are same students. That’s not a correct students.