New Delhi
The Supreme Court on Tuesday dismissed the petitions challenging the CBSE and the CICSE's decision to cancel Class 12 board examinations and also approved the assessment schemes proposed by the boards to evaluate students.
A bench of Justices A.M. Khanwilkar and Dinesh Maheshwari said: "We hold that there is no need to interfere with the scheme propounded by the CBSE and the ICSE. It takes into account concerns of all students."
It noted that boards have taken a conscious decision at the highest level and they have also taken into consideration the larger public interest. "We are not going to sit in judgment over it," said the bench.
The bench noted that if other boards have conducted exams, that doesn't necessarily mean that boards before it -- CBSE and ICSE -- are bound to do that. "These Boards are independent Boards. They have taken decision to cancel exams which, according to them, is in larger public interest of the students," said the bench.
The top court dismissed all challenges to the assessment policies framed by the CBSE and the ICSE to evaluate class 12 students after the cancellation of exams due to coronavirus.
The top court upheld the submissions of the Attorney General, representing the Centre, that the schemes have been formulated by expert body. The bench said that all aspects were taken into account and decision regarding formulation of scheme was taken with holistic approach, to ensure that no candidate is prejudiced.
"We will uphold the scheme as formulated by boards, which are independent boards and entitled to take decisions regarding exams to he conducted by them," it said.
The SC noted it is not possible to accept the submission of the petitioner's counsel that since other institutions were able to conduct exam, then the CBSE and ICSE, can hold the exams too.
The Supreme Court on Tuesday directed the University Grants Commission (UGC) to ensure entrance exams for the graduation courses are conducted only after the results of all XII board examination results are out. The Central Board of Secondary Education (CBSE) and the Indian Certificate of Secondary Education (ICSE) have already told the court to declare the Class XII results latest by July 31 while it asked all 32 state education boards also to adhere to this deadline in declaring the results. A vacation bench of Justices A M Khanwilkar and Dinesh Maheshwari also declined all petitions against the decision on June 1 to cancel the XII board exams, holding that the evaluation criteria submitted by CBSE and ICSE to assess the students are "fair and reasonable" and it finds no reason to interfere with their schemes. The XII board exams were cancelled due to the Covid-19 situation in the country. It listed further hearing tentatively on August 9 to remove any infirmities. The Court also shot down a plea filed by over 1,000 students for cancelling the XII private and compartment exams as a parity with the regular students.
Centre rules out uniform evaluation for Class XII results
The Centre on Tuesday ruled out uniform assessment policy in evaluation of the Class XII results as it told the Supreme Court that all education boards, including CBSE, ICSE and 32 state boards are autonomous and empowered to formulate own schemes. It also opposed the demand in a score of petitions to conduct the physical exams of Class XII since the Covid pandemic has receded, pointing out that the students' life is precious and they cannot be compelled to take the exam during the pandemic. "If something happens to even one student, his/her parents will sue the board," it stressed.