[BREAKING] Supreme Court dismisses plea challenging cancellation of CBSE, ICSE class 12 exams; upholds CBSE, ICSE assessment policy for class 12

The Supreme Court on Tuesday dismissed a plea challenging the decision of the Central Board of Secondary Education (CBSE) and Indian Certificate of Secondary Education (ICSE) to cancel board examinations for class 12 due to COVID-19. .A Bench of Justices AM Khanwilkar and Dinesh Maheshwari also dismissed the pleas challenging the assessment policies framed by CBSE and ICSE to compute marks for class 12 students in view of cancellation of exams. "There is no need to interfere with the scheme propounded by CBSE and ICSE. It takes into account concerns of all students," the Court said. The plea challenging cancellation of CBSE and ICES exams was filed by one Anshul Gupta contending that if competitive examinations like IIT-JEE or CLAT can be held physically, then why should board exams not be held on similar lines. "Each board is different and logistical needs is different. each exam is independent exam. Board has to take that decision," Justice Khanwilkar said during the hearing. "Individual perception will not decide this case. Decision based on larger interest has to be taken, there are logistical issues and issues with teacher and support staff," Justice Maheshwari weighed in. The Court, therefore, dismissed the petition."In our opinion it is not possible to accept the submission by Mr Anshul Gupta that since other institutions are able to conduct exam it does not mean the boards can hold the exam. Boards have decided to cancel exam in larger public interest. The policy adopted by CBSE was adopted by an expert body of 13 experts," the Court noted. They have taken an holistic approach to ensure that no candidate is prejudiced and it is not possible for us to approach the second test approach instead we uphold the scheme by boards which are independent and autonomous, the Court added. ."All aspects have been taken into account by the expert body on the basis of which the final decision to cancel the examination was taken, including formulation of the Scheme to have holistic approach and to ensure that no candidate/student is prejudiced. Instead, the Scheme intends to rationalize the internal assessment performance and bring semblance of parity amongst the assessment of different schools. This exercise will be undertaken by a broad-based Result Committee. We would instead uphold the Scheme as propounded by the respective Boards, which, as aforesaid, are independent and autonomous bodies and entitled to take their own decision with regard to the affairs of conducting examination by them," the order said. .Regarding challenge to the assessment policy framed by the CBSE and ICSE to compute marks for class 12 students in view of cancellation of exams, the Court took a similar view that no interference is warranted. The Uttar Pradesh Parents Association, Lucknow, had moved the Supreme Court against the CBSE assessment policy.One of the grounds for challenge to the policy was regarding the provision for optional exam in the policy. Senior Counsel Vikas Singh, appearing for the association, said that the said option to appear for physical examination instead of going for internal assessment should be given to students at the threshold itself and not after the marks are declared as per internal assessment policy."The first issue raised by Singh appearing for intervenor is that scheme should provide option for improvising exam at initial stage itself and results of internal assessment should be together. We are of the considered opinion that tweaking the Scheme in any manner would result in denial of one option to the students and also delay the declaration of results indefinitely. There would be uncertainty until the examination for improvisation is actually conducted and results are declared," the Court held. On the other hand, if the students are given the option of accepting the internal assessment marks, the results could be declared before July 31, and despite declaration of those results, they may still have the option of appearing in the examination for improvisation, if they so choose to.The policy was also challenged on the ground that it links the performance of the present 12th standard students with that of the past years' performance of former students. Such a policy, the association contended, is "wholly arbitrary" and cannot be legally sustained.Attorney General (AG) KK Venugopal, representing the government told the Court taking past years performance is essential to ensure there is no exaggeration. "Experts took a call on this after decades of experience. This method will prevent exaggerated marking," he said. The Court accepted the argument of AG. "AG submits that a broad-based results committee will examine all aspects of the matter and also the schools. Thus scheme as propounded cannot be doubted," the Court ruled. .The Court also rejected a plea by private and compartment students against CBSE decision to hold offline examinations for them.The plea stated that CBSE's decision amounts to unequal treatment to private/ patrachar/ 2nd chance compartment candidates of Class 10 and 12 since board exams for regular students have been cancelled by CBSE.By forcing private/ patrachar/ 2nd chance Compartment candidates to appeal for online examinations, the CBSE is putting their lives at risk, it was contended.Advocate Abhishek Choudhary, appearing for the compartment students, said that CBSE is planning to hold the examinations between August 15 and September 15 though there are reports that third wave of COVID might strike in September. The Attorney General, however, said that the compartment exams will be held "as soon as Covid subsides.".The Court refused to interfere noting that the "present scheme says exam will be held where all such candidates can appear as private candidates and exams will be held from Aug 15 to September 15 and results will be at the earliest so that these students can pursue their career if so desired.The Court, therefore, rejected all the challenges mounted to the decisions taken by CBSE and ICSE. "In view of the above we hold that there is no need to interfere with the scheme propounded by CBSE and ICSE. It takes into account concerns of all students. Both writ petitions are being disposed off," the order said..[Read Order]