The CBSE today has informed the Supreme Court that taking into account suggestion from States, exam for Class 10 and 12 from July 1 to 15 stands cancelled. However, the class 12 students have been given the option to appear for exams when situations appear conducive for the conduct of the examination.
During today’s hearing Solicitor General Tushar Mehta submitted the response filed by HRD Ministry and CBSE. While explaining the scheme for examination, Mehta clarified that those students who opt for exams will have their exams when the situation appear to be conducive whereas those who do not opt for exams will be marked on their past performance and assessed accordingly.
SG Mehta further submitted that the decision was taken due to logistics issues since many schools have been converted into quarantine centres and parents are also worried
While perusing the response, the bench directed SG to make changes in the language so that there is no confusion.
Mehta further submitted that the result on the basis of the assessment for the basis of both Class 10 and 12 will be published by July 15.
The bench however directed the SG that the date of publication of the results must be notified by tomorrow along with the timeline.
A three-judge Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjeev Khanna was hearing hearing a petition filed by parents of students who have appeared or will be appearing in Class XII Board examination being conducted by the CBSE.
The petition has been filed seeking quashing of CBSE notification dated May 18th 2020 by which CBSE has decided to hold the remaining examination of CBSE Board for Class XII from July 1st to July 15th.
According to the petitioners, the conduct of CBSE in issuing the notification for holding of the remaining examination and that too in the month of July, 2020 is arbitrary and discriminatory since even according to the AIIMS data, the COVID-19 pandemic would be at its peak then.
On the ICSE issue Senior Counsel Jaideep Gupta submitted that ICSE concurs with CBSE decision to cancel the exams at present and will conduct the exams when the situation is conducive.
The bench however questioned that if the exams are to be conducted later then the situation may differ from state to state and whether the centre was going to take the decision or the state.
On SG’s submission that the decision is taken by the Central Government, the bench directed the Central government to modify the draft notification and include state board issue.
The bench also directed ICSE to submit fresh draft notification and affidavit tomorrow morning.
The bench has listed the matter tomorrow for orders.
-India Legal Bureau