'Fair & Reasonable': Supreme Court Refuses Interference With CBSE, ICSE Schemes For Class 12 Assessment

The Supreme Court on Tuesday refused to interfere with schemes propounded by CBSE and ICSE for evaluation of Class XII students, noting that there are other set of students who are supporting and do not want any interference their way.

Further, the Bench observed that it finds that the schemes "fair and reasonable", which take into consideration concerns of all students and are in larger public interest.

A Division Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari gave detailed reasons for not accepting the suggestions made by Senior Counsel Vikas Singh appearing for the intervenors, with regards the changes required in the formulated assessment policy.

Changing Scheme Will Result In Denial Of Option To Students: SC

The first issue raised by Mr Singh appearing for intervenors was that Scheme should provide that the Option to improvise be taken by the students at the initial stage itself, and results of internal assessment and the exam should be declared together

After hearing the response given by AG the suggestion, the Bench took the view that Singh's suggestion cannot be taken forward.

"We are of the considered opinion that changing the scheme as propounded by Board will result in denial of option to students. We observe that it's not possible to accept Mr Singh's suggestion in this behalf. " the Bench said.

Scheme Formulated By An Expert Body, Not Possible To Approach Second Guess Approach : SC

Another submission made by Mr Singh was that considering past performance of 3 years of Schools for internal assessment is unfair and irrational.

The Bench however found force in AG's submissions that scheme has been formulated by Expert Body which was formed by Committee.

The Bench noted that all aspects were taken into account by the Expert Body by which final decision regarding formulation of scheme was taken with holistic approach to ensure no candidate/student is prejudiced.

While stating that it is not possible for the Court to adopt second guess approach as suggested by Mr Singh, the Bench decided to uphold the scheme has propounded by the Boards which are "independent and autonomous bodies" and entitled to take their own decisions with regard to affairs exams to be conducted by them.

UGC To Ensure Admission Process By Colleges Be Commenced After Results Declared By All Boards: SC Notes

Another submission made by Senior Counsel Vikas Singh's was that results of the Class XII internal assessment and the optional/improvement exam should be declared on the same day.

The Bench noted that the same was countered by AG by submitting that UGC will be issuing necessary instructions to ensure that admission process by Colleges and Institutions is commenced after declaration of results by CBSE and ICSE including State Boards.

The Bench therefore found no reason to comment any further on Mr Singh's submissions.

Amendments Made By CBSE in its Evaluation policy:

The Central Board Of Secondary Education had through an affidavit informed the Supreme Court that results of Class XII Board Examination 2021 for CBSE will be declared by 31st July 2021, and dispute regarding computation of results done in accordance to its assessment policy for Class XII students will be referred to a Committee constituted by CBSE.

The Board also stated that it will provide online facility for registration for the examination, if after declaration of the results, the candidates are not satisfied with their result. Further for those who opt to take this examination, marks obtained by a candidate in this examination will be treated as final

CBSE had also stated that the examination will be conducted by the board only in the main subjects as and when conditions are conducive for holding the examinations.

These amendments were been made by CBSE to the original policy formulated by it in pursuance of Supreme Court's order on June 17th asking the Boards to incorporate the provision for dispute resolution and to provide a timeline for declaration of results and for optional exams to be conducted.

On June 17th, Supreme Court had accepted the assessment policy formulated by both CBSE and ICSE for Class XII students and had also observed that both CBSE and ICSE were free to notify the final scheme howsoever they may wish to do so and inform the Court on the next date of hearing.

The directions were issued in plea filed by Advocate Mamta Sharma seeking directions for setting aside the Notification dated 14th,16th and 19th April 2021 issued by CBSE and Council for the Indian School Certificate Examination only in respect of clauses dealing with postponement of Class XII examination.

Also Read : 'Uncertainty Affecting Students' Psychology' : Supreme Court Dismisses Pleas Against Cancellation Of CBSE/ICSE Class 12 Exams

Case Details

Case Title : Mamta Sharma v Central Board of Secondary Education and others

Appearances : Attorney General for India KK Venugopal(Union of India), Solicitor General Tushar Mehta(for CBSE), Senior Advocate JK Das(CISE), Senior Advocate Vikas Singh(UP Parents Association), Advocate Abhishek Choudhury(for Compartment/Private CBSE exam students)

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