SC Disposes Off The Plea For Cancellation Of CLASS XII Board Exams As Andhra Pradesh Govt. Informs Its Decision To Cancel Exam

The State of Andhra Pradesh has on Friday informed the Supreme Court that it has decided to cancel the Class XII State Board Exams after re-examining the situation. 

Supreme Court after taking on record the submission made by Senior Advocate Dushyant Dave appearing for the State of Andhra Pradesh, disposed of the plea filed seeking cancellation of Class XII State Board Exams. 

The Bench has also reiterated it's earlier direction that States are required to declare internal assessment results on or before july 31st as directed to CBSE and ICSE.

"Senior Counsel Dushyant Dave for State of Andhra Pradesh has informed the Court that after reexamining the situation, the State govt has now been well advised to cancel 12th standard exams to be conducted by the concerned State Board. We place that Statement on record. Nothing more is required to be done in the present proceeding. We reiterate the directions given on earlier occasion to all state boards that internal assessment results are declared on or before july 31st as directed in CBSE and ICSE." the Bench noted 

The Bench further noted that since respective States have decided to cancel examination the Court doesn't wish to examine any other issue in the present writ petition or companion intervention applications. 

The directions were issued after Senior Advocate Dushyant Dave informed the Court that considering the matter and way it has progressed before the top court, although preparations for exam were made by the State, State has decided to cancel the exam. 

"Considering the matter and the way it has progressed before Your Lordships, although we had made full preparations for the Examination and everything was ready including forwarding the papers to necessary Centres, papers were transmitted, etc." Senior Adv Dushyant Dave said.

Mr Dave added "Looking to the sentiments expressed by Your Lordships yesterday, I had a discussion with the Chief Minister, after discussion I advised and the Chief Minister graciously accepted the sentiments expressed by Your Lordships. We have also decided to cancel the Examination and we will follow the approach that the Court is suggesting."

Dave added that in 10 days a High Powered Committee will be constituted and he has suggested that eminent educationist also be made part of the State's HPC to get the right advice to prepare the correct mechanism and criteria.

He added that the State will follow the timeline as suggested by the Court, and if they had conducted the Examination they could not have followed the timeline.

"I have made it very clear to Hon'ble Chief Minister that the Court feels that we should not do it and if the entire country is going in one direction, there is no point for us to go in a different direction. It has been very happily agreed what has fallen from the Court and accept my statement that we will also not be taking physical examination." Mr Dave said.

"We appreciate the practical and very pragmatic stand taken by the State. We wish you had appeared earlier perhaps this situation would not have emerged." the Bench said.

"Your Lordships very rightly felt that of something unforeseen were to happen it would weigh on our hearts. We have seen in this crisis." Senior Counsel Dave said.

"Its very unpredictable and harsh." the Bench said.

Mr Dave responded saying "And nobody has been held accountable, for example in election, Kumbh Mela, etc. No one has taken responsibility and Common man has suffered. I impressed upon CM and he readily agreed and said yes this is a view point that didn't occur to our mind, and we would like to safeguard everyone in our State."

'We can end the proceeding then with a view that All is well that ends well' Justice Khanwilkar said.

"We appreciate the step, but like Justice Khanwilkar has said, probably what was required to be discussed yesterday a bit extra was not needed and not avoidable. Anyway, we should put an end to it, once you have taken the decision. Because that is interest of everybody, and entire humanity is faced with this situation." Justice Maheshwari said.

"I bow down, the moment Mr Nazki talked to me yesterday and Chief Minister spoke to me, an immediate decision was taken." Mr Dave said.

"We close the proceeding then. There is nothing more to be done, these directions are already in place in the earlier order. We will reiterate that order and dispose of the proceeding." the Bench observed.

The Bench while appreciating the pragmatic stand taken by State, also expressed that it wished the State had taken this decision sooner. 

A Division Bench of Justices AM Khanwilkar and Dinesh Maheshwari was hearing the plea filed by Child rights activist Anubha Srivastava Sahai and 7 others, for cancellation of Class XII State Boards, HSC and NIOS physical examinations.

The Andhra Pradesh Government on Thursday decided to cancel Class 12 exams of state board, and the same was informed by State Education Minister Audimulapu Suresh at a press meet.

The State's decision came after Supreme Court intensely quizzed the Andhra Pradesh Government yesterday over its decision to conduct physical exams for Class 12 tentatively in the last week of July.

A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari had warned the State that if any fatality happens due to COVID, the State will be held responsible.

"Unless we are convinced you are geared up to take exams without any fatality, we won't permit you to go ahead and conduct exams", the bench had added.

The Bench had directed the State Counsel to get instructions from the State Government on the conduct of exams in the light of observations made by the court.

The Bench had expressed lack of conviction with the State Government's affidavit which stated that COVID safety protocols will be followed by ensuring that only 15 students will be there in a hall.

The Bench had asked Advocate Mahfooz Nazki, counsel representing State Government, if the State has come out with any "concrete formula" to ensure the availability of so many exam halls.

"How are you going to arrange for over 28,000 rooms with 15 students per hall? Have you a formula for that? You will require over 35,000 rooms if it is 15 students per hall? Do you have so many rooms?", Justice Khanwilkar asked.

The Bench had observed that the pandemic situation is very uncertain and no one can predict what could happen during the last week of July. The Bench referred to the apprehensions raised by experts about the possible third wave and the delta variant of coronavirus.

The Bench had also observed that the State Government was putting the students to uncertainty by not laying down a specific time line for exams and results.

Supreme Court had also directed State Boards to notify their respective schemes for assessment for the cancelled Class 12 physical exams within 10 days from today. The Court further directed the State Boards to declare the results of internal assessment by July 31.

"We're passing General order for all boards. We direct the Boards that schemes be formulated and notified in 10 days from today and also declare the internal assessment results by 31st July, like timeline specified for CBSE and ICSE", a vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari ordered.

The present plea for cancellation of State Board Exams has been filed on behalf of 47 students from 23 different States and 2 UTS and 3 different countries, seeking directions to the State Boards as well as UGC regarding cancellation of Class XII exam and a uniform formula of assessment, to meet out the hardships of the Class XII students of State Board, as were passed were passed by the Court last year.

[ Anubha Shrivastava Sahai and Ors vs Union of India and Ors]