The Supreme Court has adjourned the petition filed by Class 12 students, who have either failed their improvement examination or have secured less marks compared to the original examination, seeking direction against the CBSE to stick with the original result where they all had passed.
The bench of Justice A.M. Khanwilkar and Justice C.T. Ravikumar has heard the Advocate Mamta Sharma on behalf of the petitioners and Advocate Rupesh Kumar on behalf of CBSE. The petitioner students have challenged the clause 28 of the Evaluation Policy of the CBSE on the ground that this itself contradicts the other circulars passed by the CBSE.
Rupesh Kumar informed the court that he has received the copy of the petition last evening and he needed time to seek instructions from CBSE. The court granted him time and listed the matter for December 6, 2021.
In its earlier order, the Court had ordered the petitioner to serve the copy of the petition to the respondents. The Apex Court earlier set up the Dispute Resolution Mechanism to avoid disputes related to calculation and updating of marks using the 30:30:40 formula and to deal with peculiar cases and for the protection of interest of students. In the said case, the petitioner students submitted that their marks have not been calculated on the basis of their actual performance adopting the 30:30:40 formula of CBSE rather relying upon their school’s average score for Science stream for reference year 2020 and the petitioner students have been awarded much lesser marks than the marks which were supposed to be granted.
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The petitioner students, through the Writ Petition, prayed the court to direct the CBSE to adopt a well-recognized procedure for Dispute Resolution Mechanism prescribed in accordance with the directions passed on 17.06.2020 in the case titled Mamta Sharma v CBSE and declare the result of the petitioner students as per the formula 30:30:40 without penalising them for previous years’ unsatisfactory performance.