SC: That exam cannot be cancelled. Its an on demand examination. Matter to be taken up tomorrow at 2 pm.. Matter over for today.Adv Agaonkar: NIOS has cancelled the public exam. the on demand student exam has not been cancelled SC: That is not required to be cancelled. its on demand and if you don't demand it will not be held. Adgaonkar: this year students who gave choice their exams are not cancelled.SC: NIOS has canceled the exam and is in the process to formulate a scheme. we direct that scheme is formulated and notified not later than 10 days from today and also declare the results by July 31, 2021 in reference to our order in CBSE and ICSE matter.SC: State of Assam informs 10th and 12th exams are canceled. the internal assessment scheme to be formulated expeditiously. The scheme to have a student dispute redressal mechanism like in CBSE and ICSE.SC: State of Haryana requests that state boards be give autonomy to formulate their own assessment scheme, we have no problem to accept this. but we make it clear that we are not endorsing the correctness and validity of the schemes and that may have to be decided when cases arise.SC: In the present proceeding we are only on grievance regarding 12th exams of respective boards. Resultantly we do not wish to examine the grievance of Kerala students who has grievance regarding 11th std exams. Students are free to file writ in Kerala HC.SC: Kerala HC to decide case on own merits. Counsel for AP seeks time to file affidavit on matters which was discussed during arguments. let this matter be listed tomorrow at 2 pm..SUPREME COURT ORDER SC: State of AP has filed an affidavit saying the class 12 exams will be held. For Kerala issue is limited to 11th std exams. State of Kerala has already conducted 12th exams in April, 2021..Dr Monika Gusain: It has been said that boards should have an uniform scheme, our scheme in Haryana is different Than CBSE Justice Khanwilkar: We have clarified that we will not allow any uniform scheme..Padmanabhan: Let state of Kerala file an affidavit saying all portions have been taught Justice Khanwilkar: We will send this matter to the high court. let them decide. we will not decide 11th std exams. we are only looking at 12th..Advocate G Prakash: 12th exams for Kerala has already been conducted Justice Khanwilkar: its okay. Le this be decided in High Court.Padmanabhan: There is cut throat competition. ther is only a channel for studies. digital divide is also there for rural students Justice Khanwilkar: You cannot say give me three months, if you have not studied for whole year we cannot help you..Padmanabhan: Not even one days offline class was there. we need three months for the 11th exams at least Justice Khanwilkar: have you appeared for 11th? yes right? do you need three months? you had a year..Prakash: 12th exams will be in March next year. they have already prepared for 11th exams Justice Khanwilkar: discuss with experts and give us a timeline and one clear month on when the exam will be held. There should be some assurance to students Prakash: I will get instructions.Padmanabhan: students are confused whether to study for class 12 or study for class 11 Justice Khanwilkar to Adv Prakash: he is saying in the midst of class 12 preparing for class 11 exam, there will be distraction..Justice Khanwilkar: Your marks will be taken into account in 2022 Padmanabhan: students are anxious, they are in class 12 and suddenly they have to break this chain and study for 11. the combined marks are required for the admissions.Justice Maheshwari: This is class 11. It is indicated that this exam will be conducted in September or October. This is because future admissions is after class 12 results. Class 11 people will appear for class 12 next year this exam has no bearing on future prospect.Justice Khanwilkar: This exam can be in September, October and before March 2022 since its 11th std exams Padmanabhan: PM had announced that consultations was made and exam was cancelled Justice Khanwilkar: it was for CBSE Advocate: covid cases are high in Kerala.Advocate Padmanabhan: But this marks will have to calculated with class 12 exams for admissions Justice Khanwilkar: But it can be held later too because admissions are later Advocate: Class 12 classes have already started online in a channel like system where they cannot ask questions.Justice Khanwilkar: How about the admissions? Prakash: The admissions are for 2022. Then how can the admission for this year be hampered Justice Maheshwari: Class 11 exams has no bearing on future admissions. (to petitioners).Adv Prakash: Class 11 we have conducted the practicals in the month of April and the results are going to be announced. Justice Khanwilkar : If you can work out a solution do it by tomorrow and if there is any fatality we will hold you responsible.Justice Khanwilkar States the matter will be taken up tomorrow afternoon and Kerala and AP cases will be examined Justice Khanwilkar: For kerala the date of September is unacceptable.Justice Khanwilkar: We will have the matter tomorrow. What we said for Andhra Pradesh applies for you too. Please submit a plan. Your affidavit is not acceptable to me Technical glitch at the end of Adv Prakash continues.Justice Khanwilkar: try and interact with us on phone or smart mobile?.Justice Khanwilkar: When will the results be declared and how will the admissions take place ?? Advoctae G Prakash faces a technical glitch (audio issues).Justice Khanwilkar: An alert has been issued for your state. You must be aware of it. Advocate G Prakash appears.Matter for Kerala Class 11th begins: Advocate Prashant Padmanabhan appears for students: We do not want the examination Justice Khanwilkar: What we said for AP equally applies for you ( to counsel for state of kerala).Justice Khanwilkar: Show us the file recordings of the decision. You cannot keep the students hanging. share the information and snapshot Nazki: Please have it on Monday SC: Either you take a decision so that students can study and take a call. We will have it tomorrow.IMPORTANT: Justice Khanwilkar: Unless we are convinced that you are prepared to conduct exam without any fatality till then we will not allow it. when others have cancelled you cannot hold it to show you are different only. a commitment which you are making we are not convinced.Justice Maheshwari: examine it from 360 degree angle and come out with a concrete plan and then hold it if you wish to Nazki: there is no way how we can evaluate the students since we have no control on internals.Justice Khanwilkar: averaging of marks is a practice. take inputs from CBSE, ICSE and UGC. Take experts and find a solution. every problem has a solution Justice Maheshwari: this is not a problem for which there can be no solution Nazki: we will try to do it again..Justice Khanwilkar: Now a third wave of covid19 is anticipated Justice Maheshwari: No one is here to prove anything. just because you can hold the exams it cannot be so Justice Khanwilkar: Look at the international experience how the covid unfolded where it spread in conference.Justice Khanwilkar: we want a snap shot of the decision taken by the authorities where everything was concerned. Justice Maheshwari: this is not about 5 lakh students but also 1 lakh added to it through staff etc. what is the contingency plan if you see there are problems.Nazki: I will discuss your concerns with the authorities again and file an affidavit.Justice Khanwilkar: we will direct the UGC to give a cut off date for declaration of board results..Justice Khanwilkar: Just because you have not completed exam they cannot be denied admission any one fatality you will be held responsible. quantum will be defined later. there are states which are giving 1 crore compensation for one fatality. so decide all this.Justice Maheshwari: its not the Q of exam but health and safety of all. Justice Khanwilkar: we saw what happened in second wave and everything was over in 10 days. Who will be responsible for the students? if you are going to cancel at the end then why not today??.Justice Maheshwari: We are not here for Counselling. we know as a responsible government you are concerned about health and safety of student and staff. if there is a conscious decision then where is that file and who took that decision. what was the background..Justice Khanwilkar: If you don't submit the data then we may have to direct you to not conduct the examination. All states have cancelled. Maharashtra, Kerala and others too. Now there is a deltaplus variant too.Justice Khanwilkar: Don't start gathering the information now Nazki: It is already done. we will seek instructions and share the data Justice Khanwilkar: alternate days of 11th and 12th exam cannot be there. there should be exams at a time. give us the break up.Nazki: 50,000 employees have already been identified and we are ensuring all the employees as such will be vaccinated before the examination.Justice Khanwilkar: for 5,25,000 students and 34,634 rooms then where are you getting these well venitlated rooms. you should have a plan regarding this Nazki: we will place all the calculations on record on number of rooms to ensure how student and staff is protected.SC: How can you risk the lives of students. we are not satisfied with your reply. But explain the safety and covid protocol arrangements. Second covid wave is different. we accept your reply but specify this. what if rooms are without ventilation. we have to be convinced.Justice Maheshwari: entire infrastructure and logistical arrangements have to be made Justice Khanwilkar: for 34,000 rooms you need 34,000 support staff. just saying holding exam is not enough. you have to take responsibility of students and support staff..SC: We need this information on affidavit and that this info was available before filing the earlier affidavit.Justice Maheshwari: now in affidavit you say you endeavour to tentatively hold the exam in end of July. this is not certain. it appears no decision has been specifically has been taken you.Justice Khanwilkar: on what basis have you said this on affidavit that not more than 15 to 18 students will be in a 25x25 room. What are the fall back arrangements? Nazki: we have the rooms my lord.Justice Khanwilkar: You have said not more than 15 to 18 students will be in room. Have you worked out a formula for over 28,000 rooms to 34,634 rooms. Is there a fall back formula Nazki: We will utilise some government building too. We have a formula.Nazki: With great difficulty we arrived at the decision. Class 12 is a significant exam Justice Khanwilkar: Exams will be end of July? Nazki: It can be earlier too Justice Khanwilkar: But what about results and admissions that cannot wait, specify the timeline clearly.Justice Khanwilkar: We will observe on the timeline for notifying the scheme Advocate Mahfooz Nazki appears for AP SC: Each board will independently assess and notify but AP is not willing to cancel.Justice Khanwilkar: There cannot be uniform scheme across India Adgaonkar: Atleast a timeline for results for all boards Justice Khanwilkar: We will observe that but each board is autonomous and independent.Adgaonkar: We pray that all states who have cancelled should have uniform scheme of assessment Justice Khanwilkar: Please don't spell out the rules. It cannot be uniform across India. Each board will devise such scheme as they are the best judge.Adgaonkar: NIOS has cancelled 12th but another category of on demand has not been cancelled or assessment policy is not out Justice Khanwilkar: that we follow they have to do it independently.Advocate Shashibhushan Adgaonkar: Andhra has not cancelled 12th exams and Kerala has not cancelled 11th exams.Matter to commence now..The Supreme Court is hearing a plea seeking the cancellation of various State Board class 12 exams amid COVID-19. The petitioners have sought parity with CBSE and ICSE exams in this regard. .The Court was informed on Monday by the States of Assam, Tripura and Punjab that they have cancelled class 12 State Board exams in view of the ongoing COVID-19 situation..However, Andhra Pradesh (AP) government informed that it will conduct State board examinations for class 12 students in physical mode. .The Court is hearing arguments against Andhra government's decision to conduct physical board exams today.The Court will also hear submissions on the decision of the State of Kerala to conduct physical exams for class 11 students.
