CBSE Students' Plea To Retain Class 12 Original Result Over Improvement Exam Result : Supreme Court To Hear On Dec 6

The Supreme Court today adjourned a writ petition filed by class 12th students who were either declared fail or awarded very less marks in the improvement examination seeking issuance of directions to CBSE to not cancel their original result in which they were declared as Pass for November 22, 2021.

The bench of Justices AM Khanwilkar and CT Ravikumar posted the matter to December 6, after the counsel for the CBSE sought time to get instructions. The CBSE counsel sought for time saying that he was served the copy only yesterday evening.

Earlier the Top Court had directed Advocate Mamta Sharma appearing for the students to serve an advance copy to the Standing Counsel of CBSE and Central Agency (Ministry of Human Resource Development).

The petition had also sought issuance of directions to the CBSE to maintain original results of the petitioners instead of the result of improvement examination

It was argued in the petition that the students are under an apprehension that their original result declared by the CBSE in which they were declared pass will be cancelled, on the basis of clause 28 of the Evaluation Policy by CBSE dated June 17, 2021.

As per the said clause, "Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations. As per this policy, marks scored in later examinations will be considered final."

In this regards the students had contended that the clause was contradictory to CBSE's own other circulars and to the responses given to students for the following reasons:

• CBSE's circular dated March 16, 2021 as per which- "Better of the two marks obtained in the subject were to be considered for final declaration of results and candidates who will improve their performance were to be issued a combined mark sheet.
• Press release dated September 29, 2021 which stated that 34317 students had appeared in the offline exam for the purpose of improvement and as per clause 3, " Regular category candidates were already declared pass and appear in this examination for the purpose of improvement of their performance."
• Email responses of CBSE dated October 11, 2021 as per which, "New one marksheet is valid" and November 20, 2021 as per which, "In case of improvement both mark sheets are valid. You can use either one."

It was argued in the petition that CBSE is duty bound to follow its following by laws and cannot forfeit the right of the students having declared already passed by applying the formula of 30:30:40 propounded by Hon'ble Supreme Court of India Mamta Sharma V. CBSE & Ors.

The petition has been drawn by Advocate Mamta Sharma and filed by Advocate on Record Ravi Prakash.

Case Title: Sukriti & Ors v CBSE & Ors

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