Class X Exams 2021 - Students Not Entitled To Know Attendance Sheet, Result Committee Report & Detailed Scorecard Of All Students Of A School : CBSE Tells Supreme Court

The Supreme Court on Friday granted 2 weeks time to file rejoinder in the petition filed by class Xth passed out students against the alleged illegal action of St Xavier International School, Orissa ("School") of denying to provide detailed scorecard and answer sheet for concealing its malpractices in awarding marks to the students for the alternate assessment followed in 2021 following the cancellation of physical exams due to COVID-19.

The bench of Justices AM Khanwilkar and CT Ravikumar in their order said,

"Counsel for Petitioner seeks time to file rejoinder. List after 2 weeks"

Court Room Exchange

When the matter was called for hearing, Advocate Mamta Sharma for the students while apprising the bench with regards to the averments in the plea said,

"This is a petition seeking implementation of their own policy. Last year's result was declared based on assessment policy & students had claimed that they had not been awarded marks. Manipulation was done."

Referring to the affidavit submitted by CBSE in response to the plea, Justice AM Khanwilkar the presiding judge of the bench asked as to whether the petitioner has filed rejoinder to the same.

"You've seen the affidavit by CBSE? You've not filed any rejoinder to that. Factual aspects are mentioned in the affidavit," remarked Justice AM Khanwilkar.

Responding in negative, Advocate Sharma at this juncture sought time to file rejoinder to which the bench agreed.

Advocate Ashok Panigrahi appeared for the School.

Averments in CBSE's affidavit

In the affidavit submitted before the Top Court by CBSE, it was stated that based on the news item published in local Odia newspaper named as Sambad on August 5, 2021 with regards to the issue, Odisha State Commission for Protection of Child Rights ("OSCPCR") had taken suo motu cognizance.

In this regard, CBSE further stated that OCPCR on August 5, 2021 directed for conducting an inquiry into the matter by constituting a committe consisting of 3 members.

"It was concluded in the Inquiry Report that by going through all the activities of result committee in respect of Class X 2021 of aforesaid school, the Committee was of the opinion that the school prepared the result of Class X students as per the Tabulation Policy and subsequent FAQ's issued by the CBSE," the affidavit stated.

The CBSE has said that the enquiry committee has found the allegations of the petitioners against the school to be false.

With regards to student's relief seeking Rationale Document, Attendance Sheet of each examination and each subject conducted by School, Report of Result Committee and detailed scorecard for Class all Class X students, CBSE in its affidavit said that they were not entitled to claim the attendance sheet and detailed score card.

The CBSE further said that the petitioners are not entitled to claim the detailed score card of the entire Class X prepared by the school.

It was also stated that they could however claim from their school, their internal assessment marks, highest average in the preceding three years and the marks assigned by the Result Committee on case to case basis.

"I therefore submit that the petitioners are entitled to know their internal assessment marks, highest average in the preceding three years and the marks assigned by the Result Committee to them from the school but that does not mean that they can claim the attendance sheet, report of result committee and detailed score card of all the students of Class X of the said school", said Dr Sanyam Bharadwaj, the Controller of Examinations of CBSE, in the affidavit.

CBSE in its affidavit also said that,

"Result Committee of Respondent No.3 has uploaded the marks on the portal for class X students including the Petitioners by duly following the Tabulation Policy. In fact the Enquiry Committee in the Inquiry Report dated 11.08.2021 has stated that the marks have been awarded as per the historical data and range provided by the CBSE as per the school reference year 2020 by duly following the Tabulation Policy. As the result of the Petitioners have already been reviewed by the Enquiry Committee, no further relief can be granted to the Petitioners."

Details Of The Petition

The petitioners had sought relief by directing inquiry/investigation against the school for illegally demanding money and putting undue pressure to take admission in Class XI in the same school to get good scores in Class X.

It was argued in the petition that the school had intentionally violated the Top Court's order dated August 5, 2021 passed in Association of Private Schools of Uttar Pradesh v Union of India and Others.

In the order dated August 5, 2021 the Top Court had recorded submissions of CBSE's counsel that it would issue instructions to all schools registered under that board to notify the internal assessment marks, highest average in the preceding three years and the marks assigned by the Result Committee on case to case basis.

It was stated in the petition that pursuant to CBSE notifying the Evaluation Policy on May 1, 2021 the School had held a Zoom Meeting wherein the Chairman openly asked the students to take admission in Class XIth in his School and suggested the option for re-writing answer sheets to get better scores.

Petitioners also stated in the petition that the students who agreed to the School's request to take admission in the same school and paid the demanded amount were awarded very good marks wherein marks of those students who denied to take admission were deducted arbitrarily and illegally.

Averments that CBSE on October 29, 2021 had directed the school to provide relevant data but irrespective of the same, the school refused to provide answer sheets to the students have also been made in the plea.

Relief for directing the respondents to provide Rationale Document, Attendance Sheet of each examination and each subject conducted by School, Report of Result Committee and detailed scorecard for Class all Class X students which had to be prepared by School in terms of Evaluation Policy dated May 1, 2021 has also been sought.

Class Xth pass out students have also prayed for directing the school to provide answer sheets to the students and for directing CBSE to initiate non- compliance proceedings in terms of its Evaluation Policy.

Lastly, relief of directing CBSE to review and declare petitioner(s) result afresh based on the Evaluation Policy after collecting genuine records from the School has also been sought.

The petition has been drafted by Advocate Mamta Sharma and has been filed through Advocate on Record Ravi Prakash.

Case Title: Shubhashish Behera and Ors v. CBSE and Ors| WP(Civil) 1331/2021

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