Cancellation Of Exams, Conduct Of Online Classes, School Fees : How Supreme Court Dealt With Students' Issues In 2021

The second wave of the COVID pandemic hit the student community hard. Faced with the unprecedented crisis, student community knocked the door of the Supreme Court seeking various reliefs in relation to conduct of physical classes, exams, fees etc.

Let us see how Supreme Court dealt with the students' issues in 2021.

'Uncertainty Affecting Students' Psychology' : Supreme Court Dismisses Pleas Against Cancellation Of CBSE/ICSE Class 12 Exams

The Supreme Court in Mamta Sharma v Central Board of Secondary Education and others on June 22, 2021 had said that it would not interfere with the decisions taken by the CBSE and ICSE boards to cancel the physical examinations for Class 12.

A vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari dismissed a bunch of petitions which had challenged the cancellation of exams observing that the decision was "well-informed" and was taken at the "highest level" to protect the welfare of over 20 lakh students.

The Supreme Court also upheld the schemes for assessment formulated by the CBSE and ICSE, observing that they were decisions of experts in the field, on which there cannot be a "second guess" by the judiciary. The bench held that there is no reason to interfere with the schemes of CBSE and ICSE, as they were "fair and reasonable and take into account the concerns of all students and are in the larger public interest".

Also Read: 'Fair & Reasonable': Supreme Court Refuses Interference With CBSE, ICSE Schemes For Class 12 Assessment

Supreme Court Directs State Boards To Notify Assessment Scheme For Class XII Within 10 Days; Sets July 31 Deadline For Results

While hearing a PIL filed by Advocate Anubha Sahai Srivastava seeking cancellation of state board exams amid COVID situation, the Supreme Court in Anubha Shrivastava Sahai and others vs Union of India and others directed state boards to notify their respective schemes for assessment for the cancelled Class 12 physical exams within 10 days from June 23, 2021.

"We're passing a General order for all boards. We direct the Boards that schemes be formulated and notified in 10 days from today and also declare the internal assessment results by 31st July, like the timeline specified for CBSE and ICSE," a vacation bench comprising Justices AM Khanwilkar and Dinesh Maheshwari had ordered.

CA Exams -No RTPCR Needed For Opt-Out; Student Can Opt-Out For COVID Related Difficulties Of Oneself Or Family Members

The Supreme Court on June 30, 2021 in Anubha Shrivastava Sahai vs Union of India and others had directed the Institute of Chartered Accountants of India(ICAI) to give "opt-out" option to a candidate in the CA exams, scheduled to start from July 5, on account of COVID-related difficulties for herself or her family members, on the basis of a medical certificate issued by a registered medical practitioner.

The bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose also did away with the ICAI's requirement of producing an RT-PCR certificate for seeking "opt-out" option.

However, on November 29, 2021 the Top Court bench of Justices AM Khanwilkar and CT Ravikumar had declined to entertain an application seeking directions to the Institute of Chartered Accountants of India(ICAI) to provide measures such as 'Opt Out' option for symptomatic students without insisting on the RT-PCR test for the upcoming CA exams in December.

CBSE Compartment, Private & Patrachar Students Can Take Provisional Admissions Before Results

In Shashank Singh v. Union of India and others the Supreme Court clarified that the students appearing for CBSE Private, Patrachar and 2nd Compartment exams for Class 12 can apply for higher admissions under the UGC and AICTE provisionally even before their results are declared, subject to undertaking to produce their results before the concerned college within one week of the declaration of results.

In the writ petition wherein the students had approached Top Court seeking directions to CBSE to declare results of Class XII Private Patrachar/2nd Compartment Students expeditiously, bench of Justices AM Khanwilkar, Hrishikesh Roy and CT Ravikumar had passed the order based on the submissions made by the counsels of UGC and AICTE that such students can make provisional applications for admissions.

Supreme Court Dismisses CBSE-ICSE Students' Plea Seeking Hybrid Option For Class X-XII Term Exams

The Supreme Court in Abhyuday Chakma & Ors vs Union of India & Ors had dismissed writ petition filed by students seeking urgent directions to conduct Class X and XII CBSE and ICSE Term I exams in hybrid manner for November 18, 2021.

The bench of Justices AM Khanwilkar and CT Ravikumar had observed that the CBSE term exams have already commenced on November 16 and an intervention at this juncture will disturb the process.

Class 12 Exam : CBSE Agrees To Retain Original 'Pass' Result Of Students Who Failed In Improvement Exams; Supreme Court Seeks Rethink On Policy To Treat Improvement Marks As Final

In a writ petition filed by Class 12 students, who sought directions to retain their original results over the results of their improvement exams, in which they were declared either 'Fail' or scored less marks, the Supreme Court asked the Central Board of Secondary Education(CBSE) to reconsider its policy of treating the marks in the improvement exams of Class 12 as final over the marks tabulated as per the Standard Formula.

The bench of Justices AM Khanwilkar and CT Ravikumar in Sukriti & Ors v CBSE & Ors had pointed out that the students are only seeking for retention of their original mark results and the admissions taken by them will be affected if the lesser marks scored by them in the improvement exam is considered.

Urging CBSE to rethink its policy with respect to the students who got lesser marks in the improvement exam as well, the bench adjourned the petition for January 7, 2022.

Class XII Exams : Supreme Court Directs CBSE To Consider Representation Alleging Non-Compliance With Dispute Resolution Mechanism

In a petition (Divit Ajmera Vs. Central Board Of Secondary Education ) filed by Class XIIth students alleging non-compliance by CBSE to the Dispute Resolution Mechanism, the Supreme Court directed CBSE to consider the student's representation and dispose of them expeditiously within a period of 3 weeks.

The bench of Justices AM Khanwilkar and CT Ravikumar while disposing the petitions observed that it was not open for the petitioners to challenge the scheme or the ratio for evaluation of marks prescribed since that had already been upheld and received Court's seal of approval in previous orders.

Supreme Court Rejects Plea To Direct State Boards To Refund Exam Fee For Cancelled Class 10, 12 Exams

In Association of Private Schools of UP and another v. Union of India, the Supreme Court had refused to direct state boards to refund the exam fee collected from students in respect of the Class 10, 12 exams which were cancelled on account of COVID-19.

A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari rejected the prayer saying that the issue does not "merit consideration".

No Extra Chance For UPSC Exams; Supreme Court Dismisses Plea Of Last Attempt Civil Service Candidates

The Supreme Court in Rachna v Union of India had dismissed the petition seeking an extra chance in UPSC civil service exams for the candidates who had exhausted their last attempt in October 2020.

The petitioners, who had given their last attempt in Civil Service Examination 2020, had sought for an extra chance citing difficulties created by COVID-19 pandemic and the national lockdown. The petitioners argued that the pandemic affected their preparation and sought for extra attempt.

The bench of Justices AM Khanwilkar, Ajay Rastogi and Indira Banerjee had observed that , "..the Covid­19 pandemic has left its footprints for us to learn from the unprecedented situation, which everyone has come across and suddenly changed the lifestyle of every individual in the society, his way of working, from social security to individual human rights, from macro economy to household income and has made us more stronger to face, if any difficult situation arises in future and this is what by experience we learn. There is an old saying "there is good in every evil". Still life has to move on in all situations, and this is what this country has faced, but resiliently fought back this unprecedented situation and the economy and life of the common man is on the path towards normalcy in a short period of time than expected"

In Sohan Kumar and others vs Union of India and another the Supreme Court on June 28, 2021, had dismissed a petition filed by 6 civil service aspirants seeking extra chance in the Union Public Service Commission(UPSC) exam.

Supreme Court Permits 5 Civil Service Aspirants Who Cleared Mains But Were Disqualified For Submitting Degree Certificate Late To Attend UPSC Interview

In an extraordinary move, the Supreme Court in Deepak Yadav & Ors v. UPSC & Ors; Vaidehi Gupta v. UPSC & Ors. allowed five civil service candidates who cleared the UPSC civil service main examinations held this year, but were disqualified for submitting the degree certificates after the cut-off date, to appear for the interview.

A bench comprising Justices AM Khanwilkar and Sanjiv Khanna passed this direction as a "special case" considering the fact that the candidates missed the last date as their universities declared their results late due to the COVID-19 pandemic.

Supreme Court Urges UPSC To Take 'Lenient View' On Plea For Extra Chance; Allows Civil Service Aspirants To Make Representation

The Supreme Court in Abhishekh Anand Sinha & Ors v. Union of India & Anr had refused to pass directions to the Central Government and the Union Public Service Commission to grant one-time age-relaxation to those candidates who could not appear in the 2020 examination due to COVID-related difficulties and restrictions.

However, the bench comprising Justices AM Khanwilkar and Sanjiv Khanna gave the candidates liberty to submit representations before concerned authorities seeking extra attempt. The bench urged that the authorities may take a lenient view on the plea for extra chance in the light of the COVID pandemic situation.

Supreme Court Allows Kerala Govt To Hold Plus One Exams Offline; Dismisses Plea Against It

The Supreme Court in Rasoolshan A v. The Additional Chief Secretary & Ors. had dismissed a petition filed against the decision of the Kerala Government to hold Plus One (Class XI) exams in offline mode.

A bench comprising Justices AM Khanwilkar and CT Ravikumar observed that the reasons given by the State Government in its affidavit were convincing and hence the petition was liable to be dismissed.

"We hope and trust that the authorities will take necessary precautions," the bench observed in the order.

CBSE Certificates - 'Students May Fail To Notice Errors Due To Young Age & Inadvertence' : Supreme Court Calls For 'Different Approach' In Time-Limit For Changes/Corrections

In Jigya Yadav vs. C.B.S.E, the Supreme Court had observed that there should be a "different approach" by the Central Board of Secondary Education (CBSE) in its time-limit for accepting requests from students for corrections or changes in the certificates.

A 3-judge bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari in the batch of cases which challenged the CBSE Bye-laws which imposed restrictions on the rights of students to seek changes or corrections in names, date-of-birth etc., in mark certificates remarked that a realistic time for permitting corrections was very important.

Also Read: Embargo In CBSE Byelaws On Change Of Name "Post Publication Of Examination Results" Unreasonable

'Name Is An Intrinsic Element Of Identity': Supreme Court Issues Guidelines For Recording Corrections & Changes In CBSE Certificates