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Supreme Court issues notice to CBSE for not implementing dispute resolution mechanism on calculation of marks

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The Supreme Court on Friday sought the response of the Central Board of Secondary Education (CBSE) in a Writ Petition filed by Class XII students against the Board for not implementing the procedure of Dispute Resolution Mechanism for calculation and updating of marks using the 30:30:40 formula.

A bench led by Justices A.M. Khanwilkar and C.T. RaviKumar was hearing the matter through virtual-conferencing mode. The Court was informed by the Counsel appearing for CBSE that they will file their response. The matter will now be heard after vacation.

The Apex Court had earlier set up a Dispute Resolution Mechanism to avoid disputes related to calculation and updating of marks using the 30:30:40 formula, to deal with peculiar cases and for the protection of interest of students. 

The petitioner students submitted that their marks have not been calculated on the basis of their actual performance adopting the 30:30:40 formula of CBSE, rather relying upon their school’s average score for Science stream for the reference year 2020, resulting in much less marks for the students than they were supposed to be granted.  

Further, it was submitted by AOR Ravi Prakash that the Evaluation Policy, which was approved by the Supreme court and the CBSE, has failed to implement the mechanism of Dispute Resolution in reality, which will cause the students irreparable loss, if it remains unresolved.

The students, through the Writ Petition, prayed to the court to direct the CBSE to adopt a well-recognised procedure for Dispute Resolution Mechanism prescribed in accordance with the directions passed on June 17, 2020 in the case Mamta Sharma v CBSE and declare the result of the petitioner students as per the formula 30:30:40, without penalising them for previous year’s unsatisfactory performance. 

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