A petition has been filed in the Supreme Court, seeking review of its June 22 judgement, only to the extent that it is applicable to Private/Patrachar/Compartment Students.
The plea sought cancellation of proposed Class 12 CBSE exams for Private/Compartment/Patrachar students.
The petition also sought declaration of results of Class 12 CBSE Private/Compartment/Patrachar students using the objective assessment formula adopted for regular students within July 31.
The review petition was filed by Advocate Mamta Sharma, who sought striking down of clause 29 of the Policy decision dated June 17, notified by CBSE and directions for declaration of results of Private, Patrachar and compartment students on the basis of objective methodology by July 31.
After the direction of Apex Court vide notification dated June 1, CBSE cancelled Class XII Board examinations, considering the pandemic situation and keeping the safety and security of the students at the utmost priority.
Notification dated June 1 said “The Board Examinations for Class XII, which were postponed vide Notification No CBSE/CE/Exam 2021 dated April 14, 2021 are hereby cancelled. Class XII assessment will be made as per well-defined objective criteria in a time bound manner. It is decided that any student who is not satisfied with the assessment, an option to appear in the examinations would be provided by CBSE as and when the situation becomes conducive.”
The plea claimed that after publication of the above said notification by CBSE, Private/Patrachar/second Compartment students made queries on official email id email@example.com and CBSE Helpline numbers 1800-11-8002, 011-22509256, 22509257, 22509258, 22509259 provided by CBSE for any clarification in respect of cancellation of examination for the Private/Patrachar/second Compartment. Students received standard responses through email by Dr Sanyam Bhardwaj, Controller of Examinations, which is reproduced as under: “All Exams for Classes X and XII are cancelled for this Year”.
The plea said, “Class XII examinations were cancelled vide notification dated June 1 and no distinction was made between Regular and Private/Patrachar/2nd Compartment Students. After a lapse of more than 2 weeks on June 17, CBSE notified the Scheme of Evaluation, whereas a distinction was made between Regular and Private/Patrachar/second Compartment Students. But, it is important to note that after June 1 notification in respect of cancellation of Class XII examinations and applicant students subsequently received the confirmation from CBSE inquiry helplines that all exams for Class XII are cancelled, applicant students proceeded to make the payments for their higher education in foreign Universities.”
That while disposing off the abovementioned writ petition with regard to the Private/Patrachar/2nd Compartment candidates top Court held as under:-
“The present Scheme provides that examination will be duly conducted in which all these candidates can appear as private candidates and such examination will be conducted between 15.08.2021 to 15.09.2021 and the results would be declared at the earliest so that even these students would be in a position to pursue their further education, if they so desire.”
“That it is important to note that the examinations of the above said categories of students are conducted with the regular students, their question paper, date of examination everything is same every year. The result of all categories of students also gets declared at the same date. Applicants have appeared the records of their previous performance and practical examinations have also been conducted for Patrachar Students. Private Students had also appeared for their pre-board examinations and previous performance record of their performance is available.” the petition said.
“Majority of students who are in Private category of students are those regular students who could not appear for their final examinations last year due to medical reasons whereas they had appeared for their mid-terms/pre-board and Practical exams.” The plea stated
“The Private, Patrachar and 2nd Compartment students if as per the above said scheme are governed in that event their examinations will be held in the month of Aug 15- Sept 15 and results are likely to be declared in the month of October 2021. In that event students of Private/Patrachar/2nd Compartment students who have already applied to foreign universities, their entire amount of fee deposited will be forfeited and admission would be cancelled.” The plea submitted, “Your Lordships can take a notice of the fact that the present review being sought by the applicants will bring smile not only on the innocent faces of the students of class XII but on the faces of their parents as well as the judges of this Hon’ble Court for meeting out the grievances of the innocent school children of the abovementioned categories without delay.”