"Conducting Offline Examination Will Be Irrational Unjust And Unfair": 521 Students Approach Supreme Court Seeking Cancellation Of CLASS XII Exams

Youth Bar Association of India on behalf of a group of 521 students has approached the Supreme Court seeking intervention in the plea filed for cancellation of Class XII CBSE and ICSE examination.

The intervention has been sought in the PIL 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.

A vacation bench of Justices AM Khanwilkar and Dinesh Maheshwari will hear the PIL tomorrow (Monday, May 31st).

While citing newspaper reports suggesting that the Centre and State Ministries after a national consultation have decided to physically conduct Board exams between July 15 and August 26, the application has stated that amidst a medical catastrophe, the decision to conduct offline examination will be irrational, unjust and unfair.

According to the applicant, conducting offline examination will be in sheer violation of the Right to Life and Personal Liberty as guaranteed under Article 21 of the Constitution which includes within its ambit, Right to Health.

Further, the application, drawn by Advocate Tanvi Dubey has stated that such a decision is also contradictories to government's own decision wherein in wake of rising cases, the exams for class Xth students was cancelled on 14th April 2021. Therefore, any decision regarding the conduct of exam in offline mode will fail to meet the test of proportionality and reasonableness under Article 14 of the Constitution

"When in view of the pandemic, examination of Class X are cancelled, there is no reason that we can afford to take a risk and expose Class XII students to this enormous and life threatening health hazard." the application has stated

Calling the decision to conduct physical exercise a 'mindless service', the application , has stated that conduct of physical examination will not take into account the condition of the Covid positive students, who will not be in a position to appear in the examination. Further, no vaccination for the age group below 18 years is yet effected and there is already apprehension of third wave and a fear that it will affect the children.

It's also been pointed out that since several schools have been converted into Covid care centres and also vaccination centres, therefore, conduct of exams in the Covid hotspots will be a threat to life and safety of lacs of students.

The applicant has submitted that the postponement of Class XII examination has created a cloud of uncertainty in the minds of the students and that a timely decision is required in order to protect the interest of the students, as due to the postponement of exams, the students will loose opportunities applying in the foreign universities.