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'Nothing Survives For A Decision'; Bombay HC Formally Closes Proceedings In PIL Seeking Cancellation Of ICSE Exams Following SC's Decision [Read Order]

Nitish Kashyap
29 Jun 2020 1:12 PM GMT
Nothing Survives For A Decision; Bombay HC Formally Closes Proceedings In PIL Seeking Cancellation Of ICSE Exams Following SCs Decision [Read Order]
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The Bombay High Court on Monday decided to formally close the proceedings in public interest litigations filed by parents seeking cancellation of Indian Certificate of Secondary Education (ICSE) and ISC (Class XII) board examinations that were scheduled to be held from July 2, following Supreme Court's order on June 26.

Division bench of Chief Justice Dipankar Datta and Justice SS Shinde heard the batch of PILs filed by parents of class X and XII students and observed that nothing survives for a decision in the matter after both Central Board of Secondary Education (CBSE) and ICSE informed the apex court on June 25 that they had decided to cancel the exams of both class X and XII in the wake of Covid-19 pandemic.

Previously, the CISCE had informed the bench that a methodology for completing the pending exams will be formulated after the Supreme Court's decision.

Court told Advocate General AA Kumbhakoni that once methodology is formulated, liberty is granted to those aggrieved by it to move court.

The bench recorded observations of the Supreme Court in the order dated June 26 wherein it was stated that all proceedings pertaining to the subject matter of conducting examinations for classes X and XII by ICSE for Academic Year 2019-2020 pending in any other Court shall be governed by the June 26 order and to be disposed of accordingly.

The State government had already submitted before the Court that the said board exams cannot be conducted in the State keeping in mind the Covid-19 pandemic, as the State has the highest number of positive coronavirus cases.

One of the petitioners is Advocate Arvind Tiwari, who had sought directions for cancellation of the remaining ICSE and ISC board exams scheduled to be held from July 2 and declaration of results on the basis of gradation and past performance.

Finally, Court observed-

"In view of the above order, nothing survives for decision. We record formal closure of these proceedings. There shall be no order as to costs."

Click Here To Download Order

[Read Order]

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