Class X Students Seek Quashing Of Annual Results Declared By National Institute Of Open Schooling & Re-Assessment In Petition Before Bombay HC [Read Petition]

A petition has been filed before the Bombay High Court on behalf of a total of twenty students in the tenth standard who seek re-assessment of results for March-April public examination 2020 as the National Institute of Open Schooling (NIOS) cancelled the tenth standard examinations and decided to assess theory paper scores on the basis of marks secured in practical exams and tutor marked assessments. This is in contravention of their own assessment scheme, petitioners have alleged.

Thus, the petitioners through their Advocate Abhay Anturkar have sought quashing and setting aside of the results for March-April 2020 as it is violative of NIOS's own assessment scheme which was provided for in notification dated July 10, 2020.

At first, the public examination scheduled to be held in March/April was postponed due to the Covid-19 pandemic. Subsequently, NIOS issued a notification on July 10 cancelling the said exams. Thereafter, the assessment scheme states that Tutor Marked Assessments and practical marks of the last three public examinations in subjects for which the petitioner students who were registered to appear but could not be held in March/April, will be used for calculating a student's academic performance.

The results were published on August 6 and according to the petitioner students and "to their utter shock", the marks allotted were completely disproportionate to their performance in the TMA and practical examinations. Petitioner's marks did not even reflect the true academic capability of the students, the petition states.

Moreover, it is contended-

"The conduct of the respondents in carrying out the assessment in contravention of its own assessment scheme is completely arbitrary and violative of the petitioner's fundamental rights as guaranteed under Articles 14 and 21 of the Constitution of India.

The assessment carried out by the respondents in contravention of its own assessment scheme has grossly affected the petitioner's right to equality before law and equal protection of law, guaranteed under Article 14 of the Constitution and right to life as guaranteed under Article 21 of the Constitution, as the same has severely prejudiced the petitioner's future academic career."

Thus, the petitioners have sought directions to NIOS and others to re-assess and declare the results for the said public examinations on the basis of the assessment scheme provided in the notification issued by NIOS.

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