Supreme Court Dismissed PIL to Cancel Offline Board Exams of Class 10 & 12 of CBSE, ICSE and State Boards; Says ‘Such Petition Give False Hopes to Students’

Team SoOLEGAL 24 Feb 2022 4:17pm

Supreme Court Dismissed PIL to Cancel Offline Board Exams of Class 10 & 12 of CBSE, ICSE and State Boards; Says ‘Such Petition Give False Hopes to Students’

NEW DELHI: The Supreme Court dismissed a Public Interest Litigation on Wednesday that sought the cancellation of offline tests for classes 10 and 12 to be held by all State Boards, CBSE, and ICSE.

The plea was denied by a bench of Justices AM Khanwilkar, Dinesh Maheshwari, & CT Ravikumar, who noted that it was ‘ill – advised and premature’ because the authorities had not to make a decision on the conduct of the tests.

The panel ruled that a Public Interest Litigation seeking this redress was misconceived, and that dissatisfied students can dispute the authorities’ exam decisions if they violate the appropriate norms.

“If the decisions of authorities are not in accordance with rules & the Act, it will be open to aggrieved persons to set challenge in that regard”, the bench added in the order.

Prashant Padhmanabhan, arguing for petitioner Anubha Shrivastava Sahai, began by referring to the Supreme Court’s instructions issued last year in her appeal seeking alternate assessment for board examinations.

The bench ruled that what transpired in the past could not be used to justify the current relief. The counsel then stated that CBSE had the first term test in offline form in December 2021 in MCQ mode and that the results have not yet been published. He also stated that the majority of State Boards had not disclosed their results.

The bench stated that the intervention last year was due to the specific context of a pandemic at the time. Justice Khanwilkar stated his disinclination to hear the plea, saying, “such petitions give false hopes to students. Entertaining such petitions is only increasing confusion in system. What kinds of petitions are being filed? Let authorities take decisions. Let authorities take a decision. You can challenge that order.”

The bench dismissed the petition, stating that it is ‘ill – advised and premature’ because the authorities have yet to make a judgment on the conduct of Tests.

“These kind of petitions will mislead…for the last three days we have been seeing news items everywhere. What kind of petitions are filed & publicity is being given? This has to stop…this will create confusion”, Justice Khanwilkar said after dictating the order.

Despite the fact that the bench stated that it would impose substantial costs on the petitioner, it ultimately decided not to do so.

“This has to stop. Don’t come up again or there will be exemplary costs. Let students and authorities do their job. You can’t PIL like this. Whoever has filed we’re saying for that petitioner”, Justice Khanwilkar said.

Details of the Petition

According to the petition, the State Board has remained a mute spectator to the current situation and has failed to make a timely decision regarding the examination and declaration of final results for crores of students in classes X and XII.

The relief for conducting an improvement exam for those who are dissatisfied with internal assessment has also been sought, as preferred by the child rights activist Anubha Shrivastava Sahai.

In her appeal, Sahai also requested that a committee be formed to determine the formula for assessing students, including compartment pupils, and to declare the results within a time limit and deadline.

The petitioner has also asked the UGC to form a committee to announce the date for admission into various universities, as well as a formula for assessing Class XII students who want to pursue further studies is non – professional courses by conducting an aptitude test or some other mode of assessment within a time limit and deadline.

Because the MP Government was starting board examinations for Class X & XII on February 17th, an urgent interim relief for issuing of directions to the Madhya Pradesh Government not to hold the Board exams for Classes X & XII until the ultimate decision of the current writ petition was also requested.

Tagged: Supreme   Court   Petition   Students   Class   10   12   10th   12th   X   XII   CBSE   State   Board   ICSE   PIL   Public   Interest   Litigation   Justices   AM   Khanwilkar   Dinesh   Maheshwari   Ravikuamar   UGC  
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