New Delhi: A plea has been filed in the Supreme Court seeking an opportunity of reassessment and promotion of students from the ICSE Board who failed in classes 9 and 11 this year. This comes after the CBSE, on May 13, permitted all the failed students of classes 9 and 11 as a one-time measure, to appear in a school-based test again, in the wake of the pandemic.
According to the petition, it’s important to provide the students with this relief to mitigate stress and anxiety among students and protect their right to health and life enshrined under Article 21 of the Indian Constitution.
The plea has been filed by Advocate Alakh Alok Srivastava, on behalf of a minor student stating that since there is delay on part of Indian School Certificate Examinations (ICSE) in adopting the CBSE notification of May 13, the petitioner should be directly promoted to Class XII, considering there is an ongoing pandemic.
According to the petition, the respondent is bound to implement and adopt the CBSE Notification dates May 13 and grant an opportunity of a re-test to the students, who failed in Class 9 and 11 in this year, as a one time measure.
If the notification isn’t adopted, it would result in the ICSE depriving the students from their right to equality as provided under Article 14 of the Indian Constitution.
Therefore, the plea states that if the CBSE resolution isn’t adopted by the ICSE, it would lead to many class 9 and 11 students being deprived of the right to equality.
India Legal Bureau