September 10, 2021

CBSE Board Exam Live Updates: SC Dismisses Plea Seeking To Conduct Board Exams

CBSE Evaluation Criteria: A Bench of Justices AM Khanwilkar and Dinesh Maheshwari are hearing petitions against the assessment policy adopted by CBSE, ICSE for assessment of class 12 students.

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16:40 IST, June 22nd 2021Kerala, Andhra Pradesh to go on with exams

Kerala and Andhra Pradesh governments have said that they would conduct the exams. Responding to them, the Court said that there should not be last-minute cancellations. 

The state of Kerala has filed an affidavit stating that a decision to conduct 11th exams has been taken, AP Govt says the appropriate decision will be taken by states and be put on affidavit by tomorrow, the Court noted. The matter will be listed on June 24.

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16:38 IST, June 22nd 2021Submission made to declare all results on same day

A Submission was also made to declare results all on the same day.  AG says UGC has said colleges will commence admissions after CBSE and ICSE declare results  In view of these submissions, there is no reason for us to entertain this apprehension.

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16:36 IST, June 22nd 2021Court’s take on Compartment Exam

As far as the compartment exams are concerned they would be taking place as soon as the situation improves: AG told SC 

Justice Khanwilkar: why can’t the CBSE’s scheme be made applicable to these students too?

Adv Choudhary for petitioner: CBSE is saying exams will be held between Aug 15 to Sept 15 subject to how conduciveness of the situation.

However, a study by IIT Kanpur suggests that the third wave will strike in September.

AIIMS also says another mutant version of the virus will strike in 3 weeks.

Choudhary: There is no bio bubble and the students are not vaccinated

Choudhary: We are talking about balancing the interest if the results are announced together. There are  lot of universities which has a deadline for admissions

SC: You are representing students who have taken compartments

Justice Khanwilkar: If there are fewer numbers of students appearing for improvisation and compartments then exams can be held shortly. (to AG) can the exams be held on July 31 for them themselves after declaring the results of others? you can give them a week to communicate to you

Justice Khanwilkar: the exam can be held in the first week of August?

Choudhary: there are 38,000 compartment students

Justice Khanwilkar: at least it’s not 15 lakhs.

AG: We are planning to hold the physical optional exam by August 15 subject to COVID

Justice Khanwilkar: then the argument on that particular clause, can you offer them a solution?

 You’re saying the same thing again and again, we’re not going into this…the AG has already said August 15: Court to Chaudhary

Choudhary: There are some grace marks being given by state boards, Article 21 must be upheld

Justice Khanwilkar: grace marks for compartment students that we are speaking of

Choudhary: there are other private students too

SC: They will get opportunity in August

Choudhary: CBSE may be directed to hold an online exam or a viva at least online

Justice Khanwilkar: Yes CBSE will now come and hold exams at your home. What is this? How a board will conduct a hearing we will decide?

Court then rejected submissions regarding the conduct of exams.

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16:36 IST, June 22nd 2021Court’s take on Evaluation Criteria and Marking policy

AG: Regarding ICSE CBSE not having a uniform policy. ICSE is an independent body and it is not possible to synchronize and have a uniform policy along with the states too. Each of these boards is autonomous and the 32 state boards too.

Justice Khanwilkar: Taking past performance is already taken into account. 

AG: The performance of the last three years is useful to find out if results are being exaggerated this year.

The experts took a call on this after decades of experience: AG Tells Court

AG: The difference on the total average will be very little.

AG explains the parameters for calculating the marks which would be adopted by CBSE.

Court: We appreciate your principle, but why is ICSE not accepting that?

Sr Adv JK Das for ICSE submits that it would assess the marks based on 6 years of performance by using the standard deviation method.

AG: The expert committee will too look into this

Justice Maheshwari: The problem is 40% component of 12th. It will be taken from unit tests, pre boards etc. Are those marks available with CBSE

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16:30 IST, June 22nd 2021Let all boards declare it on one day. All marks should be released together: Court

Singh: Parents and students want it at one go since the positivity rate has come down and the exams can be held now and there will be only one result.  For admissions in colleges, they are dependant on this result. 

Justice Khanwilkar: We can direct all boards to declare all results in one go, assessment and physical exam. 

AG: Internal assessment exam

Justice Khanwilkar: Let all boards declare it on one day. All marks should be released together. 

Singh says written exam results should also be declared. They have done all the preparations for a physical mode of examinations, he added.

Court: We are rejecting the argument.
Mr. Singh, last year also same scheme was there, which worked fine.

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16:30 IST, June 22nd 2021Internal Assessment or Optional Exam? Here’s what the Court said

AG KK Venugopal: If a student says they do want an internal assessment, and exams are taken if the situation is better, they can’t go back to internal marks. In the second situation, if they only take the internal assessment, the chance of improving won’t be there.

Justice Khanwilkar: what is the problem of the board? it is their call.

Court: What we are suggesting is you can get opinions from students on which exam they want to appear and those who appear for the exam don’t give internal assessment marks. it is their choice and you are not forcing them.

We are giving the best of both worlds to the students: A G KK Venugopal

Justice Khanwilkar: you want option should be given at the beginning. So no internal assessment for those students? 

Singh: yes

Justice Khanwilkar: So the scheme should be modulated in a way that only one option is given.

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16:29 IST, June 22nd 2021Let all boards declare it on one day. All marks should be released together: Court

Singh: Parents and students want it at one go since the positivity rate has come down and the exams can be held now and there will be only one result.  For admissions in colleges, they are dependant on this result. 

Justice Khanwilkar: We can direct all boards to declare all results in one go, assessment and physical exam. 

AG: Internal assessment exam

Justice Khanwilkar: Let all boards declare it on one day. All marks should be released together. 

Singh says written exam results should also be declared. They have done all the preparations for a physical mode of examinations, he added.

Court: We are rejecting the argument.
Mr. Singh, last year also same scheme was there, which worked fine.

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16:29 IST, June 22nd 2021Internal Assessment or Optional Exam? Here’s what the Court said

AG KK Venugopal: If a student says they do want an internal assessment, and exams are taken if the situation is better, they can’t go back to internal marks. In the second situation, if they only take the internal assessment, the chance of improving won’t be there.

Justice Khanwilkar: what is the problem of the board? it is their call.

Court: What we are suggesting is you can get opinions from students on which exam they want to appear and those who appear for the exam don’t give internal assessment marks. it is their choice and you are not forcing them.

We are giving the best of both worlds to the students: A G KK Venugopal

Justice Khanwilkar: you want option should be given at the beginning. So no internal assessment for those students? 

Singh: yes

Justice Khanwilkar: So the scheme should be modulated in a way that only one option is given.

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16:21 IST, June 22nd 2021’Not possible to execute suggestion on conduct of board exam’

After hearing the submissions from all the parties, that the suggestion ( that scheme should provide an option for improvising exam at the initial stage), can’t be taken forward.  This would result in denial of options to students and would create uncertainty: Court. The Court also rejected submissions regarding the conduct of exams. It’s not possible for executing this suggestion. The Court then dismissed the plea for conducting the board exams.

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16:15 IST, June 22nd 2021Supreme Court dismisses plea filed for conducting exams rather than canceling

“If other boards are conducting exams, this does not mean that boards before us will also have to do so. The decision to cancel the exams have been taken in larger good and are taken by experts,” the Court said. 

The bench then dismissed the plea filed by Anshul Gupta seeking to conduct the board exams rather than cancelling them. “A Submission was made to declare results all on the same day,” the Court said. 

 AG said UGC has said colleges will commence admissions after CBSE and ICSE declare results  In view of these submissions there is no reason for us to entertain this apprehension.

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16:08 IST, June 22nd 2021Matter on Optional exam, Improvement exams discussed

Sr Adv Vikas Singh: ICSE says no clarity on the optional exam. There cannot be a situation where there is no physical examination. In an SLP before you.

Justice Khanwilkar: That comes from Delhi HC. We will hear it separately

Sr Adv Vikas Singh: option should be given to schools and students whether it wants to appear for physical exam

Justice Khanwilkar: how can schools decide. please don’t make suggestions that are absurd. where are these schools represented?

Singh: My students are saying so…

Justice Khanwilkar: those students who want to appear in the exam can appear so as there in the scheme itself… if they have a dispute or grievance they can make it before us

Singh: there should not be writs tomorrow saying how a mediocre student is stealing a march over him or her
If you’re so conscious why don’t you take the improvement examination: Court to Vikas Singh

AG: His past performance will be assessed. If he wants to improve that he will be able to take the improvement exam. 

AG KK Venugopal: Suppose he takes option of not taking, In those circumstances he will have right to see internal assessment, if his marks are good he won’t have to take exams, as results of exams are final.

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16:03 IST, June 22nd 2021’Individuality can’t be a position to decide this, it’s a larger issue where the public interest is involved’

“The decision to cancel the exams was taken by an expert body. You’re not the only one who’s concerned about the children.. Students had knocked on our doors saying they are unable to appear for the exam.  Shall we reverse the decision and push 20 lakh students into uncertainty?  Individuality can’t be a position to decide this, it’s a larger issue where the public interest is involved,” said Justice Khanwilkar.

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16:03 IST, June 22nd 2021’Individuality can’t be a position to decide this, it’s a larger issue where the public interest is involved’

“The decision to cancel the exams was taken by an expert body. You’re not the only one who’s concerned about the children.. Students had knocked on our doors saying they are unable to appear for the exam.  Shall we reverse the decision and push 20 lakh students into uncertainty?  Individuality can’t be a position to decide this, it’s a larger issue where the public interest is involved,” said Justice Khanwilkar.

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15:55 IST, June 22nd 2021Questions raised on CBSE class 12 exam cancellation’

Petitioner Anshul Gupta appeared in person in the hearing that started at 2 pm. “As a private teacher, I have a concern that how can class 12 exams be cancelled but when it comes to CLAT, Karnataka state etc then how are those exams being held.

Justice Khanwilkar: Each board is different and logistical needs are different. Board has taken a conscious decision at the highest level and taken on larger public interest. we are not going to sit over it. It’s not taken by a section officer. Govt and board are equally concerned. The situation is so dynamic we don’t know exams will be held or not. That will impact the psychology of the students will you take responsibility for the 20 lakh students who will appear for the exam and logistical arrangements which has to be made.

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