'Uncertainty Affecting Students' Psychology' : Supreme Court Dismisses Pleas Against Cancellation Of CBSE/ICSE Class 12 Exams

The Supreme Court on Tuesday said that it will not interfere with the decisions taken by the CBSE and CISE boards to cancel the physical examinations for Class 12.

A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari dismissed a bunch of petitions which challenged the cancellation of exams observing that the decision was "well-informed" and was taken at the "highest level" to protect the welfare of over 20 lakh students.

"The fact that other boards or institutions have been able to conduct exams, does not mean that the boards before us are bound by those decisions. These Boards are independent Boards. They have taken decision to cancel exams which according to them is in larger public interest of the students", the bench observed the order.

The Supreme Court also upheld the schemes for assessment formulated by the CBSE and ICSE, observing that they were decisions of experts in the filed, on which there cannot be a "second guess" by the judiciary.

"All aspects were taken into account and decision regarding formulation of scheme was taken with holistic approach to ensure no candidate is prejudiced.  It's not possible to take a second guess approach. We will uphold scheme has formulated by Boards which are independent boards and entitled to take decisions regarding exams to he conducted by them", the bench observed in the order.

The bench held that there is no reason to interfere with the schemes of CBSE and ICSE, as they were "fair and reasonable and takes into account the concerns of all students and are in the larger public interest".

The bench did not appreciate the submissions made by a private school teacher Anshul Gupta, who was appearing as party-in-person, who wanted the examinations to be held.

Mr.Gupta said that when other entrance tests are being held, and students are going to participate in tests for IIT, NDA and other institutions, there was no reason to not hold Class 12 exams.

"What is the number of students appearing in other entrance tests and number of students appearing in Class 12?", Justice Khanwikar asked.

"Are you going to take the responsibility for the students if they get exposed (to COVID)?", the judge asked of Mr.Gupta.

The bench also scolded Mr.Gupta for repeating his submissions after interrupting the judges.

"You are a teacher, from whom pupils take instructions. there are certain methods of addressing the court. You can't interrupt like this", Justice Maheshwari told Mr.Gupta.

"If the Board has taken a conscious decision at the highest level, that has to be respected in public interest. It is a well informed interest. Board is equally concerned with the welfare of the children", Justice Khanwilkar observed.

The bench said that it was not going to sit in judgment over the decisions taken by different boards on the conduct of the exams.

The bench said that there should be a finality to the status of exams as uncertainty was affecting the psychology of students.

"Should we reverse the Board decision and put 20 lakhs students to uncertainty?", the bench asked.

UP Parents' association's plea

Senior Advocate Vikas Singh, appearing for UP Parents Association, expressed apprehensions about manipulation by the schools. He also said that the assessment criteria can result in students, who have not been performing well, getting a "march over" otherwise well-performing students.

The bench told Mr.Singh that there is an option of improvisation, if the student is dissatisfied with the internal assessment.

In response, Mr.Singh said that this option for improvisation must be given at the threshold itself. On this demand made by Mr.Singh, the bench sought the response of the Attorney General.

Option of improvisation cannot be given at the beginning, AG replies.

The Attorney General for India Mr.KK Venugopal told the bench that the option of improvisation cannot be given at the threshold itself. If such an option is given, the students will be put to a lot of difficulties.

"This suggestion is counter productive as far as students are concerned. It is against their interest if they have only one option", the AG said, who added that the present method will give students the option of choosing from the best of the both worlds.

Mr.Singh said that the concern of the parents is that the improvisation exams are proposed in August-September and results may come only in October. Also, there is a likelihood of the third wave during that time. The long gap in the improvisation exams will affect the future of the students as the admission to the colleges might start in the meantime based on internal assessment.

Mr.Singh said that now the COVID cases are the lowest and exams could be easily held now.

The bench observed that accepting Mr.Singh's submissions will mean that the students will be forced to choose only from either of the options (internal exams and written exam for improvisation). The students may not be in a position to decide on attempting improvisation without getting the results of internal exams.

On different criteria for CBSE and ICSE

The bench asked the AG about the difference in criteria of CBSE and ICSE. The AG told the bench that this difference between the yardsticks of ICSE and CBSE was always there from the beginning. The yardsticks of state boards are also different, the AG said, adding that absolute uniformity amongst the boards was an impossibility.

On why past performance of students is taken

The AG further explained that the condition of taking 3 years past performance is included to ensure that the schools are not exaggerating marks. Experts have decided this after experience of so many decades.

As regards apprehensions of manipulation by schools, the AG said that a result committee will cross-verify the results.

"The results will be moderated school wise and not candidate wise. Such a situation is arising for the first time and we had to innovate to take care of student interests. Here 13 experts had put their heads together", the AG said.

The AG also repeated that it was not "safe and prudent" to have written examinations amid the pandemic.

"No one knows when the situation will come to take exams. As far as life of each student is concerned, it's important and protected by Article 21. If students contracts the disease after being forced to appear, who's to blame?", the AG said.

There can't be classification between regular and private/compartment students

Advocate Abhishek Choudhury, appearing for intervenors who seek cancellation of private/compartment exams for CBSE, submitted that there cannot be different yardstick for private/compartment students. He said that the CBSE is proposing to hold the private/compartment exams in August-September, after having taken a decision to cancel the regular exams citing the risk of pandemic.

"If there are less numbers of students appearing for improvisation and compartments then exams can be held shortly", the bench observed.

The bench asked the AG if the compartment exams could be held earlier so that the private/compartment students will not lose out on college admissions this year.

The Attorney General said that the compartment exams could be held from August 15, subject to the conducive situation.

For live-updates from the hearing, check here.