[Covid-19] Plea In SC Seeks One Time Relief Of Re-Assessment/Promotion Of ICSE Students Who Failed In Classes 9th/11th This Year

The plea has been filed by a minor student, though Advocate Alakh Alok Srivastava, in the backdrop of a similar relief granted to 9th/11th class students by the Central Board of Secondary Education (CBSE).

"The Respondent is also bound to implement and adopt the captioned Notification dated Notification bearing No. CBSE/CE/2020 dated 13.05.2020, issued by the Central Board of Secondary Education ("CBSE") and is bound to grant an opportunity of Re-Test to the students, who failed in Class-9^th and 11^th in this year, as a one time measure," the Petitioner has averred.

On May 13, 2020, the CBSE issued a notification permitting all the failed students of 9th and 11th to appear in a school-based test again, as a one-time measure only, in view of the unprecedented Covid crisis.

The present plea states that by not adopting this notification, the ICSE Board has "deprived" the Petitioner and many other similarly situated students from their precious Right to Equality, as enshrined under Article 14 of the Constitution.

It is also asserted that this relief is necessary to mitigate stress & anxiety among students, and protect their Right to health and life under Article 21 of the Constitution.