Bombay High Court Dismisses (As Withdrawn) Plea Challenging Maharashtra Government's Decision To Cancel Class 10 Board Examinations

The petition specifically challenged State notifications cancelling physical board examinations.

However, a division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni granted PIL petitioner Dhananjay Kulkarni liberty to challenge the methodology used for evaluating SSC students in the absence of the physical examination.

"If you really want us to assess this (State's new evaluation method), you should focus only on the 28th May Government Resolutions. (Regarding Evaluation)," Justice Kulkarni observed.

In an earlier hearing, the Court asked the petitioner if the situation was better than last year to conduct the examination physically.

On Thursday, the bench recorded Advocate General Ashutosh Kumbhakoni's submissions that the optional Common Entrance Test (CET) for FYJY (class 11) admissions will be applicable for all students -SSC, ICSE, CBSE and IB.

Advocate Uday Warunjikar for the petitioner said that if the CET examination applied to all boards, it took care of his main grievance that there should be a uniform method for admitting students to Class 11.

While Warunjikar said the recently released May 28 GR did not appropriately lay down the procedure for evaluating Maharashtra State Board students, he withdrew the plea after the Court observed it would require a fresh substantive petition.

Warunjikar said that when he filed the petition in the Bombay High Court, the State had simply cancelled the examinations without any alternate evaluation method.

At the beginning of the hearing itself, the bench repeatedly questioned Warunjikar for challenging the State's decision to cancel the examination.

"Do you think the situation this year is graver than last year or less grave than last year? Who is going to take responsibility for what is going to happen to the children? It's a matter of policy, and the executive has taken a decision. Be reasonable; think of the consequences."

Warunjikar submitted that "My contention was to find out some evaluation/formula. The GR didn't clarify" that the CET will apply to students across boards."

In an earlier hearing on May 20, before a different bench, the Bombay High Court had asked the State to explain why had it decided to cancel the SSC board examination. Moreover, if the State had devised plan to ensure uniformity in the evaluation across schools and boards for FYJC, college admissions.

"In the name of the pandemic, we can't spoil the career and future of our children. The Framers of education policy should know that in the State. This isn't acceptable at all" the bench led by Justice SJ Kathawalla had earlier observed.

In its affidavit filed on Monday, the State contends, comparing the SSC and HSC examinations is like comparing an apple with cheese, only because the two are edible.

The State said that it had adopted an alternative evaluation process for Std 10 students in a Government Resolution dated May 28, 2021.

As per this evaluation process, all the students will be marked out of 100 for each subject.

1. Written evaluation conducted throughout the year in 10th Standard – 30 marks.
2. Oral/practical examination or internal assessment conducted throughout the year in – 20 marks
3. Final subject wise result in Std 9- 50 marks.

Enough overall seats, CET for competitive students

The affidavit stated that there are ample seats vacant barring seats in a few premium colleges every year even after online admissions.

Therefore, it is anticipated that even after conducting a CET (common entrance test) for those students who are interested, more than enough seats will be vacant for those who are just evaluated based on the new formula.

"Therefore, students can be assured that they will get admission in junior college, perhaps not of their choice but definitely other colleges."

The affidavit added that with its decision to cancel the 10th examination, the SSC, ICSE, and CBSE boards are all on the same platform.

Moreover, the CET is not comparable with SSC Board Examination as it will be conducted only for a few hours and on a single day for interested students.

[Dhanajay Kulkarni vs UOI]