A division bench of Justice A.M Khanwilkar and Justice C.T Ravi Kumar to hear a batch petitions filed by 18 students today. In the petition, students have stated that certain CBSE affiliated schools and CBSE authority have failed to implement the procedure of dispute resolution mechanism prescribed in an August 2021 circular which was issued under directions of the Apex court.
Due to the outbreak of the second wave of the Covid-19 pandemic, for the first time in history, Class XII board examinations for academic session 2020-2021 across the nation got canceled. CBSE and CISC devised a formula to evaluate pupils, whereby CBSE proposed to employ a 30:30:40 formula, borrowing 30 per cent of the assessment from Class 10, 30 per cent from Class 11, and 40 per cent from Class 12 to tabulate an average and the CISCE proposed to take the average of the results of the past six years. A division bench of Justice A.M Khanwilkar and Justice Dinesh Maheshwari had approved these formulas in W.P.(C) no. 522 of 2021, Mamta Sharma V. CBSE & Ors.
The petitioners have approached the Supreme Court as they are aggrieved by their school’s failure to assess their results as per the 30:30:40 formula and that the CBSE has not adequately redressed their grievance.
The Petition has sought:
- Directions to CBSE the Respondents to adopt the well-recognized procedure for “Dispute Resolution Mechanism” prescribed in accordance with the directions of Supreme Court of India vide order dated June 17, 2021, in W.P.(C) no. 522 of 2021, Mamta Sharma V. CBSE & Ors.
- Direction to CBSE to pass a detailed/ reasoned order to decide the representation dated August 11, 2021, made by Bright International School, Ring Road Circle, Nana Chiloda, Gandhinagar, Gujarat 382355, raising concerns in calculation of marks of the petitioner.
- Directions to CBSE to declare the result of petitioner students on the basis of 30:30:40 formula devised vide notification elated June 17, 2021 and by considering the actual marks obtained them, without penalizing them for previous year unsatisfactory performance of Bright International School
On October 8, the court had granted time to Advocate Rupesh Kumar, appearing for C.B.S.E., to file response on or before 18th October, 2021. The matter has been listed for further hearing on October 20th, 2021..
The petitioners have further submitted The issue before the Supreme Court is that whether the respondents are duty bound to decide the cases raised through the proper channel of Dispute Resolution Mechanism by passing a reasoned/speaking order or not, further submitting, students cannot be penalised for the non-compliance of the Dispute Resolution Mechanism of the School.