CBSE Students Move Supreme Court Alleging Illegal Action By A School In Class X Exam Assesment

The Supreme Court today adjourned the petition filed by Class X pass out students alleging illegal action of St Xavier International School, Orissa of not providing detailed scorecard and answer sheet for concealing its malpractices in awarding marks to the students for January 17, 2022.

The bench of Justices AM Khanwilkar and CT Ravikumar while directing the petitioner's counsel Advocate Mamta Sharma to serve an advance copy of the petition to the respondent(s) in their order said,

"Serve advance copy to the respondent(s) including the central agency. List it on January 17, 2022."

The petitioners had sought relief of directing inquiry/investigation against the school for illegally demanding money and putting undue pressure to take admission in Class XI in the same school to get good scores in Class X.

It was argued in the petition that the school had intentionally violated the Top Court's order dated August 5, 2021 passed in Association of Private Schools of Uttar Pradesh v Union of India and Others.

In the order dated August 5, 2021 the Top Court had recorded submissions of CBSE's counsel that it would issue instructions to all schools registered under that board to notify the internal assessment marks, highest average in the preceding three years and the marks assigned by the Result Committee on case to case basis.

It was stated in the petition that pursuant to CBSE notifying the Evaluation Policy on May 1, 2021 the School had held a Zoom Meeting wherein the Chairman openly asked the students to take admission in Class XIth in his School and suggested the option for re-writing answer sheets to get better scores.

Petitioners also stated in the petition that the students who agreed to the School's request to take admission in the same school and paid the demanded amount were awarded very good marks wherein marks of those students who denied to take admission were deducted arbitrarily and illegally.

The plea further points out  that CBSE on October 29, 2021 had directed the school to provide relevant data but irrespective of the same, the school refused to provide answer sheets to the students.

"That present case is a glaring example which shows how corrupt educational institutions played with the education system and used the pandemic as an opportunity for unjust enrichment. The audio recording of School Chairman with one Parent published by News Channel "Nandighosa TV", wherein Chairman openly, asked money and assured parents to make his child a topper by awarding 98-99% marks is sufficient to authenticate the allegations," petition stated.

Relief for directing the respondents to provide Rationale Document, Attendance Sheet of each examination and each subject conducted by School, Report of Result Committee and detailed scorecard for Class all Class X students which had to be prepared by School in terms of Evaluation Policy dated May 1, 2021 has also been sought. 

Class Xth pass out students have also prayed for directing the school to provide answer sheets to the students and for directing CBSE to initiate non- compliance proceedings in terms of its Evaluation Policy.

Lastly, relief of directing CBSE to review and declare petitioner(s) result afresh based on the Evaluation Policy after collecting genuine records from the School has also been sought.

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

Case Title: Shubhashish Behera and Ors v. CBSE and Ors| WP(Civil) 1331/2021

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