"A matter that Education Department can deal with:" Madras High Court while issuing notice in PIL against cancellation of Class 12 Board exams

The Madras High Court on Wednesday issued notice in a public interest litigation (PIL) petition challenging a June 5 notification intimating that the 12th standard State Board exams would not be held this year on account of COVID-19 (B Ramkumar Adityan v. Secretary, Department of Higher Education, New Delhi and ors)..The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, however, declined to issue a stay on the notification..The Court initially adjourned the matter simply as the petitioner's counsel had not logged in for the virtual hearing owing to technical issues. .The Chief Justice also orally observed that it was “purely a specialised matter that the education department of the State can deal with, not something that the court has to do.”.Later, when the counsel joined the proceedings and pressed for an interim stay, the Court orally responded,“We will do nothing of that kind; we will probably not interfere at all.".The Court has, however, posted the matter on June 23 for the response by the respondent authorities. The respondents impleaded in the matter include the Secretary of the Union Department of Higher Education, the Principal Secretary of the Tamil Nadu Department of School Education, the University Grants Commission, the Medical Council of India, Dental Council of India, Bar Council of India, the Secretary to the State Board of School Examinations and others. .The petitioner’s grievance is rooted in a June 5 announcement made by Chief Minister MK Stalin, informing that the 12th State Board exams would not be held this year on account of the spread of COVID-19. At the time, it was also informed that a committee has been set up to decide how the students would be evaluated. .The decision to allow 12 standard students to pass without final exams is illegal and unfair to the students itself, the petitioner has argued. The petition further highlighted that the 12th exam is perhaps that most important one in defining the career of the students..No harm would come if the Department of School Education merely waits to conduct the exams, instead of canceling the same, the petitioner stated. The decision to cancel the exams is against natural justice, shows a non-application of mind on the part of the Education Department and neglects the hardwork of students, it is argued. Concerns were also raised that foreign institutions may not accept students for higher students without writing exams..When there is an option to conduct exams after two or three months without affecting the academic career of the students, cancelling Class 12 final examination is not rational, the petitioner said..He also submitted that he had addressed communications to the concerned authorities proposing that the exams be postponed and suggesting how the exam may be conducted at a later point in time without any academic loss, particularly considering those students who may want to write the exams..The petition goes on to urge that the Court restrain the authorities from publishing class 12 results without conducting the final exam..[Read Order]