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Private/Patrachar/ 2nd Compartment students have again approached Supreme Court seeking review of the judgement dated June 22, 2021 wherein the bench headed by Justice AM Khanwilkar dismissed the an intervention application filed by Private and compartment students of CBSE seeking cancellation of Class XII private/compartment/ repeaters CBSE Board Exams.

It has been argued that conducting the exam of these students in the month of August 15, 2021 to September 15, 2021 and the declaration of their results in the month of October 2021 would result in forfeiture of the fees deposited by those students and cancellation of admission for those students who wish to seek admission in foreign universities.

“Present review being sought by the applicants will bring smile not only on the innocent faces of the students of class XII but on the faces of their parents as well as judges of this Hon’ble Court for meeting out the grievances of the innocent school children of the categories mentioned without any delay," plea states.

The plea preferred by Advocate Mamta Sharma through Advocate on Record Rameshwar Prasad Goyal states that the notification dated June 1, 2021 issued by CBSE in respect of cancellation of Class XII examination did not have any specification in respect of cancellation of exams of regular students only and not Private/Patrachar/ 2nd Compartment students. 

While relying on the apex court judgement in Navtej Singh Johar v. Union of India (2018) 10 SCC 1, Advocate Mamta in her review plea has averred that the distinction made by CBSE between class 12th regular and Private/Patrachar/ 2nd Compartment students is without a basis, unreasonable and arbitrary clearly in contravention of Article 14 and Article 21 of the Constitution of India, 1950.

The petitioner thereafter along with seeking review of the judgement and order dated June 22, 2021 to the extent of Private/Patrachar/Compartment students has also sought for striking down, “clause 29” of Policy Decision dated June 17, 2021 as notified by CBSE. Relief has also been sought to provide open court hearing to the applicants to make submissions on important questions of law and facts which couldn't be brought before the Court at the time of previous hearing which need consideration.

Case Title: Mamta Sharma v. CBSE