Supreme Court Dismisses Review Petition Seeking Cancellation Of Class 12 CBSE Exams For Private/Compartment/Patrachar Students



The Supreme Court on Wednesday dismissed the Review Petition which sought for cancellation of proposed Class 12 CBSE exams for Private/Compartment/Patrachar students, and the review of the June 22 order which had approved CBSE's decision to cancel regular Class 12 exams and its scheme for objective assessment.



A Bench of Justices AM Khanwilkar and Dinesh Maheshwari rendered an Order stating that no case for review had been made out and accordingly dismissed the same.

The review petition filed by Advocate Mamta Sharma had sought for the striking down of Clause 29 of the policy decision dated 17th June notified by CBSE as well as the directions for declaration of results of Private, Patrachar and compartment students on basis of objective methodology by July 31st.

The Petitioner submitted that the review of June 22 order was sought only to the extent it relates to CBSE compartment/private/patrachar students.

Further, open court hearing had been sought for applicants to make submissions on important questions of law and facts which could not be brought before the Court earlier.

According to the Petitioner, the review had been sought so that no prejudice is caused to the students in securing admission for next higher classes in India and abroad in the upcoming academic session.

According to Petitioner, this category of students had already lost one precious year of education and now due to CBSE's "discriminatory policy" and Clause 29, they would have been forced to lose another year of education.

The plea had pointed that exams of these students were conducted with regular students every year and results were declared together as well. Further, Class 12th Patrachar students were a distinct category and were not repeaters or compartment students.

Through its decision on June 22nd, Supreme Court while approving the CBSE's objective assessment scheme for regular Class 12 , had observed that the scheme provides that an examination would be duly conducted in which all the compartment candidates can appear as private candidates.

Further the Bench had noted that such examination will be conducted between 15th August to 15th September 2021 and the results would be declared at the earliest so that even these students would be in a position to pursue their further education, if they so desire.

The Bench had noted that Clause 29 of the CBSE Scheme provided for this eventuality and, therefore, the apprehension entertained by Advocate Abhishek Chaudhary, who appeared for the private, patrachar and second compartment students, did not merit consideration.

"The present Scheme provides that examination will be duly conducted in which all these candidates can appear as private candidates and such examination will be conducted between15.08.2021 to 15.09.2021 and the results would be declared at the earliest so that even these students would be in a position to pursue their further education, if they so desire. As is stated in Clause 29 of the C.B.S.E. Scheme, it provides for this eventuality and, therefore, the apprehension entertained by Mr. Abhishek Chaudhary, learned counsel does not merit consideration", the Supreme Court had observed in the June 22 order.

It may be noted that Clause 29 of the Evaluation Policy talks about private and second compartment students, and states that examination will be conducted when time is conducive to conduct examinations.