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regular-article-logo Saturday, 11 May 2024

Supreme Court approves plans for issuing Class XII results

The apex court recorded an undertaking that UGC would ensure entrance exams and counselling would commence only after declaration of the two boards’ results

Our Legal Correspondent New Delhi Published 23.06.21, 01:45 AM
Supreme Court of India

Supreme Court of India File picture

The Supreme Court on Tuesday granted its final stamp of approval to the CBSE and the CISCE for announcing this year’s results of Class XII students on the basis of their internal assessments.

The court also recorded an undertaking from attorney-general K.K. Venugopal that the University Grants Commission (UGC) would issue a directive to ensure entrance exams and counselling for competitive courses would commence only after declaration of the two boards’ results.

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On June 17, the top court had granted in-principle approval to the boards’ formulas.

But the court wanted to hear a batch of petitioners, who advocated exams in the physical mode, before ratifying the processes proposed by the CBSE and the CISCE (which conducts ISC board exams) to declare this year’s Class XII board results without the final board exams because of the pandemic.

On Tuesday, a bench of Justices A.M. Khanwilkar and Dinesh Maheshwari declined to entertain the batch of separate petitioners that contended any evaluation without exams would be arbitrary and irrational.

The apex court said the two councils, being independent and autonomous boards, had taken a decision to cancel the exam this year on the recommendation made by experts. It will not interfere with the conscious decision taken on the academic front, the bench said.

The bench said the two boards had also decided to give an option to the students to take physical exams later if they were not satisfied with the marks awarded internally.

The bench rejected arguments of senior advocate Vikas Singh, appearing for some aggrieved students, an individual teacher Anshul Gupta and others that when several other exams related to the IITs, the National Defence Academy and certain state boards had been held, there was no reason for the CBSE and the CISCE to cancel their exams.

While the CBSE had said it would declare the final results by July 31, the ICSE said it would do so by July 20.

The apex court rejected a plea of the petitioners that results of the internal assessments and the optional improvement exams be declared on the same day.

“We are of the considered view that it would result in denial of options to the students and delay the declaration of results indefinitely. There would be uncertainty till the exams are actually conducted and results declared. On the other hand, if the students are allowed to accept internal assessment… and despite declaration of results they can still appear for improvisation. Suffice it would be to say it would not be possible to accept Mr Singh’s suggestion,” said Justice Khanwilkar, heading the bench.

The attorney-general, who was assisting the court in the matter, and solicitor-general Tushar Mehta, representing the CBSE, assured the court that the “results committee” of the court would ensure that individual schools do not manipulate the internal marks to favour their pupils.

Venugopal said the respective result committees had been entrusted with the job of closely monitoring the schools, including the registers maintained by them relating to the internal marks, so as to prevent any manipulation.

“In view of the above, we find no reasons to interfere with the schemes announced by the CBSE and CISCE as there are other sets of students who are supporting it and do not want to interfere with the fair and reasonable scheme that takes into account concerns of all sets of students and their interests,” the bench said.

The bench, while dealing with another set of petitions seeking cancellation of board exams by various states, warned Andhra Pradesh that the state would be held responsible if even one student got infected with Covid.

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