Class XII Exams : Supreme Court Directs CBSE To Consider Representation Alleging Non-Compliance With Dispute Resolution Mechanism

In a petition filed by Class XIIth students alleging non compliance by CBSE to the Dispute Resolution Mechanism, the Supreme Court recently directed CBSE to consider the student's representation and dispose them expeditiously within a period of 3 weeks.

The bench of Justices AM Khanwilkar and CT Ravikumar while disposing the petitions observed that it was not open for the petitioners to challenge the scheme or the ratio for evaluation of marks prescribed since that had already been upheld and received Court's seal of approval in previous orders.

"Although the petitioners are questioning the ratio prescribed in the scheme formulated by respondent No.1 – CBSE which has received approval of this Court, as similar argument for re-consideration thereof has been rejected in the past including in Writ Petition No. 522/2021 and connected cases vide order dated 22.06.2021, we dispose of this writ petition with limited indulgence to the petitioners to pursue their representation submitted to the Chairman, CBSE (Annexure P/3), which be decided on its own merits in accordance with the finalized scheme and to ensure that their claim covered under the scheme is appropriately dealt with to the extent permissible. All contentions in that regard are left open.

In other words, it will not be open to the petitioners to challenge the scheme or the ratio for evaluation of marks prescribed therein. For, that has already been upheld and received the seal of approval of this Court in the previous orders," bench noted in its order.

Filed by Divit Ajmera through Advocate(s) Mamta Sharma and Ravi Prakash, the petitioner had contended that CBSE had failed in implementing the procedure of Dispute Resolution Mechanism prescribed in its own circular dated August 8, 2021 and deciding the petitioner's Type 2 dispute regarding Computation Of Results.

It was also contended that the student's marks were not awarded on the basis of his actual performance adopting the 30:30:40 formula of CBSE, rather marks were deducted by CBSE arbitrarily.

The petitioner had sought issuance of directions to the CBSE to adopt a well recognised procedure for "Dispute Resolution Mechanism" prescribed in accordance with the Top Court's directions in order dated June 17, 2021.

Relief was sought for directing the CBSE to decide the representations raising "Type 2 dispute- Regarding Computation Of Results" in accordance with "Dispute Resolution Mechanism" Circular dated August 8, 2021.

The petitioner had also sought for direction to declare petitioner's result based on the 30:30:40 formula, taking into account the actual marks obtained by them without penalising them for school's negligence and set up Monitoring Committee under the Top Court's supervision to investigate and decide the disputes in terms of the mechanism propounded.

Case Title: Divit Ajmera Vs. Central Board Of Secondary Education W.P.(C) No. 1135/2021

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