Supreme Court Accepts Scheme Formulated By CBSE ICSE For Evaluation Of CLASS XII Students, Asks Them To Incorporate Dispute Resolution Mechanism And Timeline For Optional Exams

Supreme Court has on Thursday accepted the scheme formulated by CBSE and ICSE for evaluation of students, while asking the Boards to incorporate the provision for dispute resolution in case students want correction of final result declared, and to provide a timeline for optional exams would be declared. 

While hearing the filed by Advocate Mamata seeking cancellation of the Class 12 CBSE and ICSE written exams, a  Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari observed that both CBSE and ICSE are free to notify the final scheme howsoever it may wish to do so and inform the Court on next date of hearing.

The Bench also refused to take forward the prayer made by intervenor that the decision of CBSE and ICSE to cancel the exam be revisited.

"We state that this cannot be taken forward. We have already accepted the in principle decision taken by the Board and placed before us." the Bench said. 

The Bench clarified that Students who want to appear can do so for improvisation of marks and and no prejudice will be caused to students who want to appear.

While deferring the hearing to Monday, the Bench has asked the Boards to finalise the scheme in the meanwhile, and consider the suggestions given by Senior Counsel Vilas Singh, appearing for the intervenors, if any. 

Courtroom exchange: 

Sr Adv Vikas Singh appearing for an intervenor, informed the Court that they are, in favour of the examination. 

The Bench however stated that they already had the scheme formulated by CBSE and ICSE, and would like them to explain the same. Further, the Bench told Mr Singh, that if the students wanted to appear in the scheme, will be free to do so under the scheme, and their option will not be exhausted.

In response to Singh's submission that the Scheme hasn't come into the public domain, the Bench noted that the scheme has been put on record before the Court through an affidavit.

"Only difficulty is that whatever they've said is not in public domain. Cases have reduced. 12th is a crucial examination." Singh said. 

"First CBSE will explain it. Then we will go to ICSE scheme. We will go scheme-wise. Each scheme is different, format is different. They will explain it." Justice Khanwilkar noted. 

Scheme Formulated By CBSE for Evaluation of students: During the hearing the Attorney General explained the policy as formulated by CBSE to evaluate the students. 

"CBSE has been in existence since 1929 and this has never happened before in the history of CBSE. They have designed this with a committee of experts. For this purpose, CBSE has taken three classes - 10, 11 and 12." AG said. 

He stated that Class X is a Board exam, and the subjects are different from those in Class XI and XII. 

With regard to Class XI, each one of the exams including the unit, term exam and final exam has been taken. The marks are similar and are averaged out. He added that there will be practical exams as well, which would be for 100%. While 30 questions each for Class 10th and 11th are taken as weightage, for class XII, 40% is taken as weightage. 

"Then we come to class 11, this is 70%. Same thing will happen with maximum being 24. For 10, it will be 80. For class 12, 40% will be taken. In case of Class 12th, the maximum will be 32. Class 12th is an important exam. The Practical is 100, and the total, if you take 32 and 24, will come to 56." AG explained

After explaining the mark distribution, Attorney General further said that the Result Committee, which will also be the moderation Committee would comprise of two of the senior most teachers and an expert will also be invited, if necessary.

AG also informed the Court that the internal performance of the school will be taken on an average to ensure standardisation, and the historical performance of Schools will be taken as a reference.

"The subject-wise marks assessed by the school for 2020-2021 should be within a range of plus/minus 5 marks obtained by the students in the school in the subject in the reference year." AG said

With regards to those students who would not be able to meet the qualifying criterion, AG stated that those students will be placed in "Essential Repeat" or Compartment Category. 

While stating that those Students who would not be satisfied could appear again, AG stated that the Examinations will be conducted by the Board as and when the conditions become conducive.

The Bench then posed a question to the Attorney General that the scheme formulated by CBSE does not allow for dispute resolution. 

While observing that last year, the top Court was flooded with multiple petitions, the Bench stated that if there is some dispute, there should be an inbuilt mechanism which should be provided. 

"Instead of spelling it out elsewhere, it should be built in this. The regime can be mentioned here as well. It may be suggested in the Affidavit, we are only suggesting for it to be part of the scheme. " the Bench noted

The Bench further stated that some outlier unit can be indicated now for the next examinations, and some outer limit should be mentioned for declaration of results. 

"There is a way forward. Those interested in appearing, they can be consulted. Most of the candidates will be happy with what this scheme provides for. If the number is low, then you can conduct it with all the precautions." the Bench said

"We will put it in the scheme." AG said

"You may do it. There has to be some outer date. Optional examination will also be specified. Subject to conducive situations and logistical issues." Justice Khanwilkar said. 

The Bench noted that if 1 lakh or 50,000 students want to appear in the exams, those are manageable numbers and subject to conducive situations and logistical issues, exams can be held for them. 

"We will certainly do so. This is the totality of it. We will note down the suggestions and consider them seriously. CBSE has been functioning since 1929, they have the experience." AG said. 

"Your autonomy is there, you are free to take whatever decision you want. You have your experts." Bench said. 

"Every decision has been taken with application of mind." AG stated. 

"Regarding dispute resolution and outer date, there should be no choice with the Committee." the Bench remarked. 

"There's a problem that after the exam, hundreds of applications are made. Suppose, take English, marks may be low, then what do we do ? Do we take the marks as it is ? Therefore, we average it out. It's done between subjects and examiners." AG said while posing a hypothetical situation.

Senior Counsel Singh appearing for the intervenors while submitting that physical exams should be conducted, stated that Internal exams are non-standardised and the marks they get in these classes is what determines their entire life. If CLAT and NEET are being held in physical conditions, these exams can be held too. 

"The examination can be taken in a complete controlled environment. People can wear double masks." Singh said. 

"Please understand one thing, there is no rolling back of the decision taken by CBSE which we have already accepted." the Bench clarified. 

The Bench reiterated that it is rejecting the argument today itself that there will be a roll back on the cancellation of Exams.

ICSE's Scheme: Senior Counsel JK Das submitted that Instead of 3 years, ICSE  has taken 6 years for past record. While by and large scheme is the same, he stated that out of thousands, only ten students opted to appear for improvement. Das further sought time till 30th to publish the results.