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Class 10 & 12 Exams : Supreme Court Agrees To Hear Plea To Cancel Physical Exams Of State Boards, CBSE & ICSE

Srishti Ojha
21 Feb 2022 5:26 AM GMT
Class 10 & 12 Exams : Supreme Court Agrees To Hear Plea To Cancel Physical Exams Of State Boards, CBSE & ICSE
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Update on February 22 : Supreme Court agrees to list the petition tomorrow (February 23)The Chief Justice of India on Monday accepted a request made for the urgent listing of a writ petition which seeks the cancellation of physical exams for Class 10 and 12 to be conducted by all State Boards, CBSE, ICSE and NIOS.Advocate-on-Record Prashant Padmanabhan mentioned the petition for...

Update on February 22 : Supreme Court agrees to list the petition tomorrow (February 23)

The Chief Justice of India on Monday accepted a request made for the urgent listing of a writ petition which seeks the cancellation of physical exams for Class 10 and 12 to be conducted by all State Boards, CBSE, ICSE and NIOS.

Advocate-on-Record Prashant Padmanabhan mentioned the petition for urgent listing before CJI NV Ramana.

"This is regarding class 10 & 12 exams. Physical classes couldn't be conducted due to pandemic", the counsel submitted.

"Okay. Let the matter go before the bench of Justice AM Khanwilkar", CJI said. It may be noted that Justice Khanwilkar's bench had dealt with the petitions related to board exams in 2021.

The present writ petition, filed by child rights activist Anubha Shrivastava Sahai, seeks directions to the State Boards, CBSE, ICSE, NIOS who are going to conduct board exams for 10th and 12th in offline mode to pass a notification regarding alternate mode of assessment instead of offline exams.

It has been stated in the petition that State Boards have remained as mute spectators over the current situation and have not to taken a timely decision in respect of examination and declaration of final result of crores of students of class X and XII.

Some State Boards have declared the timetable while some are still holding discussions on the course of action. "The students are dissatisfied by this kind of behaviour of State government and other boards and stressed and worried about their future and career," the plea said.

The petition also seeks the relief for conducting an improvement exam for those who are not satisfied with internal assessment. The petitioner has made all State Boards, CBSE, ICSE and NIOS respondents in the petition.

Sahai in her petition has also sought the relief of constitution of a committee for deciding the formula of assessment of students including compartment students and declaring the result within a time limit and deadline.

The petitioner has also prayed for directing UGC to constitute a committee to declare the date for admission into various Universities and a formula for assessment of Class XII students who want to pursue their further studies in non-professional courses by conducting an aptitude test or some other mode of assessment within a time limit and deadline.

"Students in all the States are very worried about conducting the 10th and 12th board examination due to high rate of growth of COVID-19 cases in all over Country along with the high possibility of 3rd wave which will affect the students very badly, and also due to incompletion of course in this pandemic situation.In most of the States during the lockdown period of June –December,2020 no classes were provided to Students.Almost 98% of colleges/schools of all the States had not conducted any online class for Students in that period.Looking into the matter the most of StateGovernment & Education department of has declared for 100 days offline class for students and will conduct exams after100 days offline classes. The government said the students have to bring "NO OBJECTION CERTIFICATE"signed by parents to join offline classes. But most of the parents were unable to allow their child for offline classes in the pandemic," the petition filed through Advocate on Record Prashant Padmanabhan states.

Highlightin the COVID-19 situation and the difficulties and pressures faced by students due to the interruptions in their schooling, the plea said :

"The petitioners therefore submit that, in fact subjecting the children to write the examination and conducting the examination when the Covid-19 wave is still high, with the number of patients infected and death is rising day by day, when there are seen unprecedented mortality numbers, when the experts are predicting that third wave of resurgence likely to mostly affect children and young people, it will be violating their right to life"

Since MP Government is commencing board exams for class X and XII from 17th February, an urgent interim relief for issuance of directions to the Govt of Madhya Pradesh to not hold the board exam for class X and XII, till the final outcome of the present Writ petition has also been sought.

Case Title: Anubha Shrivastava Sahai v. Union of India and Others

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