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The Supreme Court today has asked the petitioner’s counsel to serve the copy of the plea seeking cancellation of Class XIIth State Board exams to the standing counsel of the States (Punjab, Tripura, Assam and Andhra Pradesh) which are yet to cancel the exam.

Vacation bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari while taking note of the fact that out of 28 states, 6 states have conducted the exam, 18 states have cancelled the exam and 4 states are yet to cancel the exam have adjourned the matter to June 21, 2021. 

Advocate on Record Shashidhar appearing for the petitioners submitted that, “Out of 28 states, Assam, Tripura, Andhra Pradesh & Punjab have not cancelled the exam.”

The plea was filed through child rights activists, Advocate Anubha Shrivastava Sahai. It also sought for the constitution of a committee to decide the formula of assessment of students including compartment students and declare the result  within a time limit. 

Advocate Sahai in her plea had averred that due to the pandemic situation some of the State Government’s took decision for cancellation of the Higher Secondary Certificate Examination (“HSC Exam”) which were scheduled formerly for March but in some State Governments have still not taken any decision regarding cancellation of the said exam.

She further contended that HSC Board has still not devised any formula regarding how they are going to assess the students of Class XII for their further admission for professional as well as non professional courses, in the event of cancellation of the exam.

“By conducting offline exams the Government will be putting the lives of Students, teachers and other staff at risk. The Government must take a call now for the 12th Board like they have done for 1Oth board. International boards have already cancelled 12 board offline exams and are going ahead with Internal assessment.”, an excerpt from the plea

It was also contented by Advocate Sahai that admitting the severe situation of covid 19 and in view of the judgement of the Top Court in the matter of Amit Bathla & Anr. V. CBSE & Ors. (2020) 7 SCC 233, the CICSE/CBSE has partly accepted the judgment of this Hon'ble Court for present academic session of 2020-2021 in respect of class X students by way of issuing the directions not to conduct their· fresh final examination. 

However with regards to Secondary School Certificate i.e. SSC by State Board, most of the State Governments have still not accepted the directions laid down by the Court in the matter of Amit Bathla and are yet to cancel the class Xth SCC State Board students. 

In the same matter, parents of some class XIth students from the State of Kerala had also moved an intervention application in Supreme Court seeking directions to cancel class XIth Exam to be conducted from September 6 to September 16 in the wake of surge in Covid and have also prayed for impleading Secretary, General Education Department, State of Kerala as respondents in the plea.

The matter is expected to be heard on Monday ie June 21, 2021.

Case Title: Anubha Shrivastava Sahai and Ors v Union of India & Ors.