SC dismisses plea challenging well defined objective criteria formulated by CBSE and ICSE to assess the students of Class 12th

The Supreme Court today dismissed pleas challenging the well defined objective criteria formulated by CBSE and ICSE to assess the students of Class 12th.

The Vacation bench of Justice(s) AM Khanwilkar and Dinesh Maheshwari observed that the scheme has been formulated by the expert body consisting of 12 members.

The bench also held that no option can be given to students to appear for improvisation at the initial stage itself as it would result in denial of option to the students and also result in uncertainty until the exam of improvisation are conducted & results are declared. 

The bench further said “On the other hand if students opt for the internal assessment their results would be declared by July 31 & they'll have an option of applying for improvised exams”.

The bench was hearing a plea filed by Anshul Gupta and NISA Education.

During the course of hearing, Petitioner Anshul Gupta said “a student who would appear for class 12th exam would also appear for NDA exam. For same students these exams will be permitted. These are the same set of students who would appear for CLAT, IIT”

Gupta further argued “How can class 12th exam be a threat for the students if other exams are being conducted?”

The bench however indicating health reasons for cancellation of the said exams by the authorities “That's because it depends from board to board. Highest authority has taken the decision. It is a well-informed decision. The govt is equally concerned & we are also concerned for the educational standards. Are You going to take responsibility if students are exposed?”

The bench further said “individual perception differs from person to person. However, the perception does not work for everyone. Govt has taken a conscious decision.”

While Gupta repeated his submissions, the bench said “We are not here to counsel you. We are here to decide whether the board has taken the correct decision.”

When the bench said that the students had approached the Court to cancel the exam, Sr Adv Vikas Singh appearing for UP Parents Association said that Students didn't approach to cancel the exam. The plea was been filed by Adv Mamta Sharma

Singh further argued that Students should have the option to opt for the optional exams in the starting itself.  

The bench however said “We are very clear that any candidate would not be in a position as to where he/she is going to stand if we give them the option at the start. That's why they're declaring the results first. If he/she is dissatisfied, then he/she can opt for the physical exams”.

Attorney General KK Venugopal not in concurrence with Singh said “The students and not schools have the option to opt for the optional exams. If the students want to improve their marks, they can take the correctional examination... Once he writes the exams, students cannot go back for the internal assessment. In no circumstance would students have the right to internal assessment if he/she opts for the optional exam.”

The Court suggested that Students at the outset should be given the option to either go for internal assessment or for Optional Exams. However, AG Venugopal submitted that this would only give the students one option. In this case, if students get low marks in internal assessment, then they can go for optional exams if they wish to.

On June 17, 2021 Attorney General Shri KK Venugopal appearing for the Centre had informed the court about the objective assessment criteria which was formulated by the 12 member committee constituted by the CBSE on June 4, 2021.

As per the criteria Class 12th marks were to be calculated by counting marks of Xth, XIth and XIIth. 30% weightage would be accorded for class. 30% weightage each would be for class Xth & XIth marks & 40% weightage would be for class XIIth pre board marks. As per the criteria, if the students who were not satisfied had the option to sit for a physical exam.

Senior Advocate JK Das appearing for ICSE Board had also informed the court about the proposed evaluation criteria as per which the board would take into account the last year’s best performance and make efforts to declare the results earlier before the deadline which is July 31, 2021.

Also Read: Class 12 board exam results to be declared by July 31st 2021: CBSE tells Supreme Court