Friday, February 3, 2023

SC dismisses challenge to CBSE decision to hold compartment exams

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New Delhi: The Supreme Court today dismissed a plea challenging the CBSE’s decision to hold compartment exams for class X and XII students amid the COVID 19 pandemic.

A three-judge bench of Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna was hearing a petition filed by 808 students who had submitted that the decision to conduct the compartment exam is in sheer violation of the Right to Health which is part of Right to Life enshrined in the Constitution of India, as it fails to consider the principles of health, safety, fair and equal opportunity for students.

The petitioners further pointed out “that in view of unprecedented health emergency and rising numbers of the COVID 19 cases in the country, the conduct of compartment examination will expose the examinees to a great risk and will undeniably sacrifice basic principle of integrity by neglecting equal basis and treatment to all examinees.”

It had also been submitted that the conduct of compartment examinations will also expose lakhs of students across the country to the exponential risk of being exposed to the virus.

The petitioners further submitted that the decision taken by CBSE is itself flawed and is in complete disregard to the MHA guidelines of July 29.

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The petitioners also prayed for alternatives system of evaluation to be formulated so as to exclude possibility of discrimination, disadvantage and risk of life.

– India Legal Bureau

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