Supreme Court to hear CBSE students's plea seeking direction to prefer original results over improvement on December 6

The Supreme Court on Monday has adjourned the hearing in CBSE Student's plea who were declared passed by the CBSE in original examinations, whereas, the same were declared either failed or given fewer marks in the offline improvement examinations.

A bench of Justice AM Khanwilkar and Justice CT Ravikumar adjourned the matter to December 6, 2021, considering the request of the counsel appearing for the Central Board of Secondary Education seeking time for the perusal of petition.

The students have approached the apex court under an apprehension that they will be declared failed as per Clause 28 of the CBSE's Evaluation Policy dated June 17, 2021.

Clause 28 states, "Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations. As per this policy, marks scored in later examinations will be considered final."

The plea stated that "It is worthwhile to mention that the abovesaid clause is contradictory to respondent CBSE's own other circulars and contradictory responses given to students"

It was further submitted that the purpose and object of providing an opportunity to appear in the offline examination were to give an opportunity of improvement of marks only and not to put the students at a disadvantage or to declare students as fail who were declared pass earlier in accordance with Assessment Policy dated June 17, 2021.

The students were presented by Advocate Mamta Sharma through Advocate on Record Ravi Prakash.

Case Title: Sukriti & Ors. Vs. CBSE & Ors.