Class 12 Exams: “Give Us Good Reasons If In Case You Depart From Policy Adopted Last Year”: Supreme Court To Centre in plea seeking cancellation

  • Shruti Kakkar
  • 11:53 AM, 31 May 2021

Read Time: 06 minutes

The Supreme Court while directing the Centre to give good reasons in case they depart from the policy adopted last year in relation to class 12th board exams has adjourned the matter for June 3, 2021 

The situation was almost similar last year too. You can take whatever decision is appropriate, but then you can adopt the policy which you adopted last year. However if you depart from last year's policy, the reasons must be tangible.”, Division bench of Justice(s) AM Khanwilkar and Dinesh Maheshwari said. 

Attorney General KK Venugopal appearing for the Centre while seeking time with regards to the same submitted that the Centre would come up with the final decision in the next few days. 

The government will take a final decision in the next few days. We're hoping your lordship will give us some time to come up with the final decision.”, said Attorney General KK Venugopal.

Last year the Supreme Court in the matter of Amit Bathla & Anr. V. CBSE & Ors. (2020) 7 SCC 233 had directed the Centre to compute and declare the result of class XII students on the basis of their earlier grading as their main final examination had been postponed and could not be conducted due to the unprecedented situation caused by the pandemic. 

The plea preferred by Advocate Mamata Sharma collectively on behalf of 7224 parents this year too have sought similar orders/ directions in similar circumstances caused to Covid - 19 pandemic by exercising the powers under Article 142 of the Constitution of India to meet the hardships of the innocent school children of Class XII of CBSE and ICSE. 

The petitioner have avered that in view of the unprecedented health emergency and rising number of CoVID 19 cases in the country, the conduct of examination (either offline/online/blended) in upcoming weeks is not possible and delay in examination will cause irreparable loss to the students as time is the essence in taking admission in higher education courses in foreign universities.

It cannot be legitimately expected from the respondents to remain a mute spectator over the current situation and not take a timely decision in respect of examination and declaration of result of more than 12 lakh students of class XII”, the plea stated.

Along with issuing a writ of mandamus for cancellation of class XIIth exam, the plea also seeks for issuance of directions for devising an objective methodology to declare the result of class XII within a specific timeline and to set aside the notifications dated April 14, 16 and 19 issued by CBSE and ICSE only in respect of clauses dealing with the postponement of class XII examination.

The matter is expected to be heard on June 3, 2021.