Difficult For CBSE Compartment Exams Students To Take Entrance Tests, Supreme Court Told

The Supreme Court on Monday heard submissions made on behalf of 1152 students seeking cancellation of CBSE CLASS XII Compartment/Private/Repeaters examination.

During the hearing today, Advocate Abhishek Choudhary, appearing for the intervenors(private and second compartment students of CBSE), told the Bench that it has been stated by CBSE that the exam will be held when the situation is "conducive".

"Clause 29 of the Evaluation Policy talks about private and second compartment students, and states that examination will be conducted when time is conducive to conduct examinations. If this is the scenario then unequal treatment will be given to regular students and private students." Choudhary submitted.

"If they appear along with other students when exams are conducted then what will be the difficulty? Second compartment students can appear in the proposed exams to be conducted by concerned Boards for improvisation of Students." the Bench asked.

Choudhary responded saying that the difficulty would be that, if a compartment student does well in say an entrance test like CLAT, he can't take admission because Class 12 exam for compartment students are in abeyance. Further, he added that CBSE's clause says that environment needs to be conducive, but when the environment will be conducive cannot be said.

"That nobody can say today" Justice Khanwilkar remarked.

Mr Choudhary further argued that CBSE had already communicated to these students that all examinations for all students would be cancelled, and now they have come with a policy to take exams when situation is conducive.

He referred to last years judgment in Amit Bathla vs CBSE.

He said that if a compartment student does well in say in an entrance test like CLAT, he can't take admission because Class 12 exam for compartment students are in abeyance.

"This will affect not only their right to equality but also their right to equal opportunities to get admission in colleges for higher studies", Choudhary argued.

The bench asked if the students are permitted to appear for entrance tests like CLAT subject to the Class 12 result, what will be the difficulty.

Mr. Choudhary replied that students will be able to take entrance tests without Class 12 results, but won't be able to appear for counselling.

The bench suggested that counselling can be deferred till results. This suggestion was welcomed by Mr.Choudhary, who said that the petitioners will be satisfied if such a direction is given.

The bench has posted the matter for further hearing to tomorrow 2 PM.

The intervention application has been filed in the PIL filed by Advocate Mamata Sharma seeking cancellation of CBSE, ICSE Class 12 exams.


Also from the hearing :