Supreme Court Issues Notice To CBSE School On Students' Plea Alleging Irregularities In Class X Assessment

The Supreme Court today issued notice in a writ petition filed by class Xth passed out students alleging illegal action of St Xavier International School in the assessment of CBSE Class X exams.

The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar while issuing notice returnable on February 14, 2022 in their order said,

"Issue notice. Counsel for petitioner submits that in terms of liberty granted by this court, a copy of the petition has been given to the respondents. None appears for Respondent 3. Accordingly issue notice returnable on February 14. Liberty is granted to serve the respondent's counsel/ authorities."

Advocate Mamta Sharma appeared for the petitioner students.

Details Of The Plea

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 alleged 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 alleged 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.

Averments 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 have also been made in the plea.

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 had also been sought. 

Class Xth pass out students 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 was 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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