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'Students Need Ray Of Hope, Not Uncertainty' : Supreme Court To Hear Pleas Challenging Cancellation Of CBSE, ICSE Physical Exams Tomorrow
Srishti Ojha
21 Jun 2021 11:36 AM IST
The Supreme Court on Monday posted to tomorrow the hearing of writ petitions challenging the decision of CBSE and ICSE to cancel the physical exams for Class XII.It was important to have a finality in the matter, the bench observed, while adjourning the hearing of pleas related to CBSE and ICSE exams.A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari heard the...
The Supreme Court on Monday posted to tomorrow the hearing of writ petitions challenging the decision of CBSE and ICSE to cancel the physical exams for Class XII.
It was important to have a finality in the matter, the bench observed, while adjourning the hearing of pleas related to CBSE and ICSE exams.
A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari heard the matter.
Senior Advocate Vikas Singh gives suggestions
Senior Advocate Vikas Singh, appearing for an intervenor(who is seeking the holding of physical education), made certain suggestions as follows :
1. The option to improvise the results must be given at the outset, the beginning at self, before declaration of results.
2. There should be uniform criteria for assessment for CBSE and ICSE. Now, both boards have different criteria.
3. Marking should be based on the performance of the current batch and not on any previous batch.
Singh also reiterated the prayer to conduct physical exams, by highlighting that the COVID rates in the country are going down. He said that the formula for alternative assessment method is very complex and even teachers are finding it tough to understand it. Also, there are chances for manipulation by schools who have not put on record the past performance of students.
Students need certainty, says bench.
"For students they need to have some ray of hope, not uncertainty", Justice Khanwilkar observed.
"These are two different dispensations. CBSE and ICSE are different. Apple can't be compared to Orange", the judge added.
Justice Khanwilkar also observed that the points raised by Mr.Singh can be put to the CBSE and ICSE for their response.
Plea to cancel CBSE Compartment exams
The bench also took up an intervention application filed by 1152 students seeking the cancellation of CBSE CLASS XII Compartment/Private/Repeaters examination.
The intervention application has been filed in the PIL which was filed by Advocate Mamata Sharma for cancellation of physical examinations of CBSE and ICSE for Class 12.Advocate Abhishek Choudhary, appearing for the intervenors, told the bench that it has been said that the exam will be held when the situation is "conducive". 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.
He referred to last years judgment in Amit Bathla vs CBSE.
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.
Attorney General's response
The bench told the Attorney General for India, Mr KK Venugopal, that certain writ petitions have been filed challenging the CBSE, ICSE decisions to cancel physical exams. The bench said that propriety required that those petitions should be heard, before it comes to a final decision on the scheme proposed by CBSE and ICSE.
On the Attorney General agreeing, the bench listed the posting of those petitions (which seek the cancellation of exams) tomorrow.
The bench said that the points raised by the intervenors on compartment exam and objective assessment criteria will be considered tomorrow.
"During course of arguments we were informed that batch of writs have been filed questioning decision of concerned Boards which haven't been listed. It is appropriate that those petitions are heard tomorrow at 2 pm. Registry to supply copy of the stated writ petitions counsels appearing for Respondents including AG in course of the day", the order passed by the bench after the hearing read.
Live updates from the hearing may be read here.
While hearing the filed by Advocate Mamta Sharma 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 and inform the Court on next date of hearing.
The Bench also refused to accept a prayer made by anintervenor that the decision of CBSE and ICSE to cancel the exam be revisited.
While deferring the hearing to Monday, the Bench had asked the Boards to finalise the scheme in the meanwhile, and consider the suggestions given by Senior Counsel Vikas Singh, appearing for the intervenors, if any.
Click Here To Download/Read Order
