Home Legal News SC asks CBSE to take a decision regarding the conduct of class XII exams

SC asks CBSE to take a decision regarding the conduct of class XII exams

by Muskan

The Apex Court recently ordered the Central Board of Secondary Examination (CBSE) to hold consultation and take a decision by the coming week regarding theboard examinations for Class XII. The same was done in the wake of a plea seeking cancellation of Class XII exams which are supposed to be held in July due to the COVID-19 pandemic.

The direction has been passed by a Bench comprising of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjeev Khanna who have asked CBSE to examine whether the remaining Board exam papers can be scrapped and whether marks can be allotted on basis of internal assessment.

AM khanwilar
Justice AM Khanwilkar
CBSE Justice dinesh Maheshwari
Justice Dinesh Maheshwari
Sanjeev khanna
Justice Sanjeev Khanna

The petition, filed by Advocate Rishi Malhotra on behalf of parents of students who would appear for their XII Board exams in July, challenges the decision of the authority to conduct the remaining examinations from July 1 to July 15, stating that the same as being arbitrary and violative of Article 14 of the Constitution of India.

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It has also been highlighted that Board has cancelled the examinations in 25 other foreign countries, and hence the same standards should apply in India in light of the increasing spread of the COVID-19 pandemic. Taking note of the decision takenby multiple universities of cancelling their exams, it is argued CBSE should consider doing the same.

“…the University of Delhi has cancelled their first year and second year undergraduate examination by stating that the same is not feasible during COVID-19 times. Similarly, even the premier institutes like IIT across the country has also cancelled all its exams including those of final year students because of the said situation. The State of Maharasthra has also cancelled all University exams including their final year examinations.”

The plea, avers that indefinite postponement of examinations and the delayed declaration of results will standas an unrepairable impediment forall students especially the ones who have secured admissions in International Universities.

Apart from this their exist various practical difficulties which need to be taken into consideration, such as the movements of students residing in containment zones and the unavailability of private vehicles for all students, thereby restricting their movement.

The plea therefore prays for the quashing of the notification by CBSE declaration of the results on the basis of internal assessments.

The Supreme Court Bench has directed CBSE to take a decision on the same by the coming Tuesday.

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