Supreme Court has issued notice in a plea seeking for a direction to Indian School Certificate Examinations Board (ICSE), to provide an opportunity of Re assessment/promotion to the students who had flunked in 9th/11th standard, this year.
A Bench comprising of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna heard the matter and sought for a Reply from Senior Advocate Ranjit Kumar, appearing on behalf of the Council for ICSE.
The plea has been filed and argued by Advocate Alakh Alok Srivastava, on behalf of a minor student, in the backdrop of a similar relief granted to 9th/11th class students by the Central Board of Secondary Education (CBSE).
"The Respondent is also bound to implement and adopt the captioned Notification dated Notification bearing No. CBSE/CE/2020 dated 13.05.2020, issued by the Central Board of Secondary Education ("CBSE") and is bound to grant an opportunity of Re-Test to the students, who failed in Class-9th and 11th in this year, as a one time measure," the Petitioner has averred.
On May 13, 2020, the CBSE issued a notification permitting all the failed students of 9th and 11th to appear in a school-based test again, as a one-time measure only, in view of the unprecedented COVID-19 crisis.
The instant plea submits that by not adopting this notification, the ICSE Board has "deprived" the Petitioner and many other similarly situated students of their precious Right to Equality, as enshrined under Article 14 of the Constitution.
It is further asserted that this relief is necessary to mitigate stress and anxiety among students, and protect their Right to Health and Life under Article 21 of the Constitution.