Supreme Court To Hear Tomorrow CBSE-ICSE Students' Plea Seeking Hybrid Option For Class X-XII Term Exams

The Supreme Court will hear tomorrow a writ petition seeking urgent directions to conduct Class X and XII CBSE - ICSE Term I exams in hybrid manner.

A bench comprising Justice AM Khanwilkar and Justice CT Ravikumar will consider the petition filed by six Students from Class X and XII challenging the decision of the CBSE and CISCE decision to hold their Term 1 and Semester 1 of CBSE, ICSE and ISC exams (2021-22) for class X and Class XII students in offline mode only.

The petition filed through Advocate Sumanth Nookala has challenged the revised examination schedule directing the exams to be conducted in offline mode only instead of adopting Hybrid mode from November 16th and November 22nd onwards.

The petition has sought quashing of the following two circulars:

1. Circular dated 14.10.2021 in so far as the schedule for Term 1 Exams for X and XII class students of CBSE Board was to be conducted in Offline mode alone
2. Circular dated 22.10.2021 in so far as the schedule for Semester 1 Exams for ISC and ICSE was revised to be conducted in Offline mode alone

The petitioners have argued that the Date Sheet discloses exams for major subjects spread over three weeks placing the petitioners and the like in great apprehension on the risk of infection and the impact on subsequent exams.

It has been stated that preceding the exams for major subjects in December 2021 are the exams for Minor subjects in November 2021 in physical mode further aggravating the likelihood of turning the exams for Major subjects into Super Spreader Event.

"At any rate, such continuous exposure through offline exams sharply increases the risk of infection to Covid 19 rendering the impugned action as arbitrary and in violation of Right to Health." the plea states.

The petitioners have taken a specific stand that Hybrid or Blended Mode of Examination is the need of the hour and better facilitates Social Distancing reducing the strain on logistical constraints.

Arguing that obtaining consent without giving a choice is ex-facie arbitrary and illegal, the petitioners have submitted that many students have reported that consent is being secured by resorting to misrepresentation and coercion.

Case Title: Abhyuday Chakma & Ors vs Union of India & Ors| WP(c) 1240/2021