Description

Date – 20th Jun 2021

About 1,152 students move to Supreme Court by filing a joint petition, seeking direction to the CBSE for cancellation of CBSE's Class XII private, compartment examination, and demanded parity with regular students.

The petition said -

• The private, compartment students of CBSE Class XII examination have moved the Supreme Court seeking directions for cancellation of their examinations in physical mode and for his or her performance evaluation by adopting a formula in line with the assessment formula adopted by CBSE for the regular students and to release the results in a time-bound manner.
• The relief has been sought through an application, supported by more than 1,152 students and filed by advocate Abhishek Choudhary, and Manju Jaitley, seeking intervention and direction in the writ petition filed earlier before the top court for cancellation of CBSE/ICSE Board Examinations
• The petitioners also sought a direction to the CBSE to resolve the grievances/objections that might be raised, giving them fair and equal treatment with that of regular students
• On June 03, 2021, the Supreme Court had directed the CBSE to plan and place on record a well-defined objective criterion for assessment of performance of the candidates within two weeks from the date of the order
• "Owing to the prevailing Covid-19 situation in the country, it cannot be conclusively said as to when exactly we will be able to have such conducive environment necessary for the conduct of physical mode examinations,"
• The present situation is not conducive for conducting any type of physical mode examination, for any class of scholars. Nobody can say the exact date when the situation would be conducive, and, therefore, we've approached the Supreme Court seeking appropriate relief within the interest of the scholars
• Clause 29 of the "Policy for Tabulation of Marks for Class XII Board Examinations 2021" proposed and placed on record by the CBSE before the Court, specified the examination are going to be conducted for Private/ Patrachar / 2nd chance Compartment candidates etc., by the board as and when the conditions become conducive for conduct of such examinations
• The petitions sought to direct the CBSE to permit Class X and Class XII private/compartment students to file their objections within a reasonable period of your time, just in case they're not satisfied with the results so published

The applicants have submitted that, "if their examinations are delayed beyond reasonable time till a conducive environment is achieved in order to conduct the examination, they will not only lose the opportunity to apply and seek admission in these Universities / Colleges, but they will also be denied their fundamental right to education."

The applicants have  said, in their petition, that, "the decision to conduct private/ compartment examination of Class XII CBSE candidates would endanger the lives of lakhs of students, who would be forced to appear during this physical-mode-board examination, which would clearly violate their ''right to life and health'' as guaranteed by Article 21 of our Constitution".

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