'CBSE, ICSE Students Will Get Seats & Your Students Will Suffer' : Supreme Court To Andhra Pradesh On Class XII Exams

The Supreme Court on Thursday called upon the state of Andhra Pradesh to provide a "snapshot" of its file-recording that records the satisfaction of the authorities as regards the infrastructural, logistical and other arrangements like invigilators, support staff and examiners, to hold the examination.The bench of Justices A. M. Khanwilkar and Dinesh Maheshwari also clarified that the state ought to have been convinced of all modalities prior to taking the decision to hold the physical examination and not as an after-thought. The bench warned the state that if the court is not satisfied with its decision-making process and its commitment to ensuring the health and safety of all, it will not let the state proceed with it.Reiterating that it shall hold the state responsible for even one fatality which transpires on account of the examination, the bench stated that it shall invoke the frontline workers' scheme for compensation against the state.The bench frowned upon the vagueness of the state's affidavit where it says that it shall "endeavour to tentatively hold the examination in the last week of July" and that it shall notify the students 15 days in advance.The bench also indicated that college admissions will not await the conduct of the exam and the subsequent declaration of results by the state of AP, that it shall direct the UGC to announce a cut-off date for declaration of results in pursuance of UGC's assurance that colleges shall not commence the admission process until all boards have declared the result. "CBSE and ICSE students will get the seats and your students will suffer", the bench warned the state of AP.The following is the courtroom exchange as it transpired on Thursday:The counsel appearing for the state of Andhra Pradesh informed the Court that the government has taken the "difficult decision" to proceed with the conduct of the physical examination "keeping in view all matters, particularly, that at the end of the day, class 12th plays a very significant role".When the bench inquired that the state is suggesting the conduct of the exam in the last week of July, the advocate advanced that that is the "endeavour" and that "we can have before also"."The situation is uncertain, we don't know what will happen in July. But if you contact the examination in July, when will you declare the results? Others' admissions will not be waiting for your results!", Justice Khanwilkar told the advocate."We will try to do it earlier, if you permit us", saisd the counsel."That time you have to specify very clearly", the judge told him.Indicating the affidavit filed by the state on Wednesday communicating its decision to proceed with the conduct of the exam, the judge pointed out, "In your affidavit, you say that the students will be so placed that there are not more than 15 or 18 students per room. Have you worked out the formula? How are you going to arrange for 34,000 rooms? You have already taken the decision that not more than 15 students will be there in each room. We assume you must have that formula available with you? How will you divide the students in the rooms? Where will you get so many rooms? On what basis have you made this declaration in the affidavit that not more than 15 students will be there in one room? The room is approximately 25 x 25 feet?""I am given to understand that that has been worked out. There are schools and existing government buildings will also be utilised. I am given to understand we have these many rooms", told the advocate."We want a chart indicating how you have arranged these 34,000 rooms. And that information must have been available with you before you took the final decision- that also you have to state on affidavit! You can't be looking for rooms now, that can't be the way of working", said Justice Khanwlkar.Justice Maheshwari also pointed out that the day before yesterday, the state had maintained that it will go ahead with the exam tentatively and the Court had asked it to take a decision and come out with it on affidavit, but a perusal of the affidavit shows that uncertain terms have been employed in as much as it says that "the state shall endeavour to conduct examination tentatively in last week of July 2021""We are at a loss to understand what is conveyed here. We wanted you to take a concrete decision! That decision is 'endeavour to tentatively hold examination'?!. You can't leave things uncertain! It appears no decision has been specifically taken by you! You say you will inform them 15 days in advance? When will you do that? This was never expected of the state! If you want to hold the examination, then you have to come up with a specific and clear-cut scheme as to when and how you can go about it!", said the judge.Justice Khanwilkar also added that the Court requires a concrete scheme and firm commitment of the state that it will ensure complete protocol- "We are not very convinced about it. How can we allow you to risk the life of students?"The advocate ...

'CBSE, ICSE Students Will Get Seats & Your Students Will Suffer' : Supreme Court To Andhra Pradesh On Class XII Exams

Mehal Jain

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