Class 12 Exam: Supreme Court Quashes CBSE Policy To Treat Improvement Exams Marks As Final; Directs To Give "Better Of Two" Option To Students

The Supreme Court on Friday struck down Clause 28 of CBSE Policy which held that marks in the later (improvement) exams will be considered final for the assessment of Class 12 exams for the last academic year. The Bench further directed that the CBSE shall provide the option to the candidate to accept the better of the two marks obtained for the final declaration of the results. 

The Supreme Court in December had asked the Central Board of Secondary Education(CBSE) to reconsider its policy of treating the marks in the improvement exams of Class 12 as final over the marks tabulated as per the Standard Formula. 

The bench comprising Justices AM Khanwilkar and CT Ravikumar had pointed out that the students are only seeking for retention of their original mark results and the admissions taken by them will be affected if the lesser marks scored by them in the improvement exam is considered. The CBSE, in its counter-affidavit, told the bench that it has made a partial revision of its policy to the extent of allowing students who got 'Fail' in improvement exam to retain their 'Pass' result which they got as per the Standard Formula. The Bench had asked the Counsel for CBSE to seek instructions from CBSE on the issue of reconsideration of its Improvement Exam Policy. 

In Court today, the Counsel for CBSE Adv Rupesh Kumar informed the Court that since students are assessed in their improvement exams, the marks obtained therein would be considered final. 

Justice Khanwilkar asked the Counsel what the justification was for CBSE not to allow students to retain their original marks. 

"Give us justification why it is not possible? Have you filed an affidavit stating why it is not possible? Whichever (marks) is suitable for a candidate, what is the issue in that? In the past you have done it, what is wrong in doing it again? What is the difficulty in doing it this year when it has been done in the past?" Justice Khanwilkar asked. 

The Bench noted that "The CBSE has not given any justification for departure" and struck down the clause that marks in later exams will be considered final. The CBSE shall provide an option to the candidate to accept the better of the two marks obtained for the final declaration of the results. 

It may be noted that earlier, CBSE had earlier partially revised its policy to the extent of allowing students who got 'Fail' in the improvement exam to retain their 'Pass' result which they got as per the Standard Formula.

The petition has been drawn by Advocate Mamta Sharma and filed by Advocate on Record Ravi Prakash. Advocate Rupesh Kumar appeared for CBSE. 

Case Title: Sukriti & Ors v CBSE & Ors | WP(c) 1214/2021

Citation : 2022 LiveLaw (SC) 27

Click here to read/download the order