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The Supreme Court today disposed off the proceedings in the case concerning board examinations across India, directing all States to declare results of internal assessments by July 31^st, 2021

Vacation bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari, while recording the Statement by Counsel for the State of Andhra Pradesh, said,

“We reiterate all State Boards to ensure that after internal assessments results are declared on or before 31^st of July, 2021 as has been directed in the case of ICSE and CBSE... Since the concerned states have decided to cancel the exam, we do not wish to entertain the other prayers in the petition”

Senior Advocate Dushyant Dave for the State of Andhra Pradesh submitted that the State has decided to cancel the State Board Examination;

“Considering the matter, we had however made all the arrangements for conducting the exams. But looking at the sentiments, I had a discussion with the State CM and he agreed to cancel the exam. We have also constituted a high power committee of experts to follow the Court's order. If the entire country is going in one direction there is no point of us for going in another direction.”

The Supreme Court yesterday, said that it would not permit the State of Andhra’s Pradesh to conduct the State Board Exams until and unless the State places on affidavit a concrete plan ensuring the safety of the students and other staff involved in the examination process.

The bench comprising Justices AM Kahnwilkar and Dinesh Maheshwari had also directed the state government to place a timeline for declaration of results and a contingency plan with some sort of compensation in case of fatality and posted the matter for further hearing tomorrow.

The Court had also directed all the state boards to formulate the scheme of assessment within 10 days from today in response to which the minister said, "In the interest of students, the second option is exercised to cancel the exam".

“How can we permit you to put the life of students at risk?  If we agree, you will have to put before us a proper firm decision..The condition of Covid is different in different states. Now Maharashtra, Madhya Pradesh & Kerala have been identified for the delta variant. We're faced with the situation where we'll have to see the situation & ground reality”, the Court had said.

The bench had further clarified that until and unless the state ensured that the exam would be conducted without any fatality, it would not permit the state to conduct the board exams.

Thereafter, pursuant to Supreme Court's critical remarks, Andhra Pradesh Government yesterday decided to cancel the State Board exams which the State had proposed to conduct at the end of July, 2021. The statement had come after the State Government convened a press meeting the State Education Minister Adimulapu Suresh informed about cancellation of State Board Exams. 

The developments come against the backdrop of the plea filed by child rights activist Advocate Anubha Sahai seeking cancellation of state board exams. 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.

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