Supreme Court to hear writ petitions on Class XII exams

Supreme Court to hear writ petitions on Class XII exams

The Apex Court to take up all writ petitions for hearing on Tuesday challenging government's decision to scrap School Board examinations this year

The Supreme Court Monday decided to take up all writ petitions challenging the government's decision to scrap School Board examinations this year in the wake of concerns regarding the safety of students in the wake of the COVID-19 pandemic.

A bench of Justices A.M. Khanwilkar and Dinesh Maheshwari diced that it would take up all other pending petitions together and hear concerns arising from the government's decision.

Senior Advocate Vikas Singh, appearing for a petitioner, informed the Apex Court that the government's decision to do away with examinations this year has confused students and teachers alike and need further clarification.

His main concern was the different pattern adopted by the two boards, CBSE and ICSE for evaluation based on marks allocated by the affiliated schools and the impact it would have on the students seeking admissions in colleges.

He submitted that while some schools are liberal in internal markings, some schools are more stringent. Moreover, unlike the ICSE, CBSE has permitted the respective school to do the computation of marks based on the result of a student over the past three years. This, he pointed out, could lead to manipulations by schools and leave students who may not have attended the same school during the past three years in the lurch.

He sought clarity on the option for improving the result through examination and submitted that it would be prudent to do so before the results are announced so that those students who may not be happy their marks can appear for improvement examination.

"This option may not be given as either this or either that. That will result in a huge amount of uncertainty later. Let them decide in the beginning only whether you want to take this option or you want to take the exam. Then the result can be declared. Then all the results will come at the one go and admissions to colleges will be dependent on that one result. All universities will have access to that one result at the same time. Give them the option at the outset only, rather than as a betterment chance later", Singh argued.

The bench was in agreement with Singh on this issue. "Everyone who wishes to appear in the exam should have the option to appear. But if I am satisfied with the present marks, why should I make an attempt for the improvisation of marks? That the option can be exercised at the outset, there is no difficulty. That point we can put to the AG (attorney general)," observed Justice Khanwilkar.

Singh further submitted to the court that the criteria for the basis of evaluation by the ICSE and the CBSE are totally different. While the ICSE takes English as compulsory in addition to the best of the 3 subject marks, the CBSE only takes 'Best of 3'; that while one is taking the average, the other is taking the best mark.

"This kind of uncertainty should not be there. It should be uniform for both," Singh suggested. The SC bench responded to this by saying that an apple cannot be compared with oranges, CBSE and ICSE are different boards.

Advocate Abhishek Choudhury pointed out problems that the non-regular students might encounter in admissions. He submitted to the Court that the right to equality in admissions to colleges can be affected by Clause 2 of the CBSE scheme which says that for private/patrachar (correspondence course)/2nd chance compartment candidates, etc., the examination will be conducted by the board as and when the conditions become conducive.

"In absence of Class 12th results, admissions to other colleges would be affected. CBSE, in its affidavit, has itself admitted the position that the CBSE would be able to conduct examination only in August. The competitive examinations are scheduled right from July. CLAT examination is to be held on 23rd of July. So, therefore, the results will also be declared and counselling will also start. Although these students can perform in the exam, they can't appear in counselling without the 12th result. Even if he has performed well in CLAT, he would not be able to take admission because he is not having the 12th result as per Clause 29. When the environment will be conducive for the exam cannot be said!" Choudhury contended.

"That nobody can say today. But what is the difficulty? You can sit in the exam before the result and you can pursue the option for CLAT, etc based on that result. Counselling can be deferred till the announcement of the results. Of course, we will hear the other side on this as we don't know the implication of the same", Justice Khanwilkar said.

Advocate Singh reiterated his prayer for a physical exam. "0.17 is the positivity rate in Delhi now. The All-India average is also very drastically going down. It is a very, very important exam. Students are very apprehensive that this will throw up so much of litigation and so much of problem and uncertainty! That is because I don't know which school is doing what and how the marking will be done," Singh pleaded.

Justice Khanwilkar that there should be no uncertainty on such a crucial issue. "For the students, there should be a ray of hope somewhere. There must be no uncertainty as to whether exams are to be conducted or not conducted. The decision has been taken at the highest level, it has also been taken on record by us. And you have the option to appear or not appear in the exam for improvisation. There is no prejudice to anyone," Justice Khanwilkar said.

The Court asked AG K.K. Venugopal if it would be appropriate to hear other petitions challenging the decision to cancel the exam. "We are on propriety. Should we not hear those petitions also along with this?" the bench asked.

"With all due respect, no. There should be some finality", said the AG.

"Finality would be attained by dismissal of those writ petitions. So then no grievance will remain about not hearing anyone. Since these petitions are already filed in the registry, we can't ignore them. We have, in principle, agreed with your scheme and we have permitted you to go ahead. We are now only on those points which we want modified," said the bench.

The bench will resume the hearing on Tuesday and also bring on board the other writ petitions filed in this regard.