Can We Substitute State's Decision That Environment Isn't Conducive For Exams? Bombay HC Asks Petitioner Challenging SSC Exams Cancellation

The State filed its affidavit yesterday, justifying its decision to cancel SSC Boards and set out the alternative evaluation process details. It includes an optional common entrance test for all FYJC (Class 11) aspirants across boards.

On Tuesday, in response to the petitioner's advocate claims that the pandemic situation has improved, the division bench led by Chief Justice Dipankar Dutta and Justice GS Kulkarni observed

"Corona is targeting young people now. In some cases, we may think that the State's decision is not wise, but will that flow us with powers to strike down the decision?"

The bench added they were only giving their prima facie view and asked petitioner's advocate Uday Warunjikar to make submissions on the powers of a writ court to exercise jurisdiction in such a case before adjourning the matter to Thursday.

"You are a PIL petitioner; the State has said that the environment is not conducive for conducting the examinations. Can we substitute the decision and say no, its conducive?" the CJ said, adding, "It will have to be seen to what extent our powers can be stretched."

Agreeing to make submissions on the aspect, Warunjikar said we can't be helpless and allowed cancellations on the examinations.

During the hearing, the bench also noted several intervention applications were filed; however, all of them, but one, were against conducting the examination.

The PIL by Pune activist Dhananjay Kulkarni is against cancellations of the Standard ten examination, challenging the State's decision to deny 16 lakh SSC students a physical board exam. The plea was filed at a time when a decision was yet to be taken regarding an evaluation method.

In an earlier hearing, the vacation bench of the Bombay High Court had asked the State to explain why the SSC board examination was cancelled but not HSC. Moreover, the evaluation process for SSC students and the State devised a plan to ensure uniformity in the evaluation across schools and boards for FYJC, college admissions.

"In the name of the pandemic, we can't spoil the career and future of our children. The Framers of education policy should know that in the State. This isn't acceptable at all" the bench led by Justice SJ Kathawalla had earlier observed.

In its affidavit, the State contends, comparing the SSC and HSC examinations is like comparing an apple with cheese, only because the two are edible.

"The Stage at which these two examinations are to be undertaken by the students in their overall career, the consequences and effects of undergoing these examinations are just not comparable. Apart from these examinations themselves, there are certain differences also between the students themselves of 10th and 12th standard... There would not be any debate that 12th standard [student] would be more matured, independent, socially aware, bodily and mentally fit as compared to students of Std 10."

The state government's affidavit said Class 12 exams are postponed presently, and a final decision on it would be taken after the Centre takes a national level decision on the same.

Moreover, the court cannot hold that SSC exams cannot be cancelled because no decision has been taken on HSC exams.

With its decision to cancel examinations, the State also said that all the three boards SSC, ICSE and CBSE will be on the same platform.

The matter will now be taken up on Thursday.

[Dhananjay Kulkarni vs Union of India and others]