SC to hold hearing on December 6 to direct CBSE to uphold original results – Times of India

NEW DELHI: The Supreme Court on Monday said it would hear appeals filed by some students on December 6 who had appeared in the CBSE exams to improve their marks in Class 12 this year, seeking directions from the board to uphold their original results.

The application was filed by 11 students who were declared to have passed the main result on the basis of the assessment policy of Central Board of Secondary Education (CBSE) 30:30:40 and were allowed to appear in the subsequent improvement examination. August-September this year.

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It said applicants had either been declared a failure or given very low marks in the improvement test and they feared that their original results, where they had been declared pass, would be rejected. When the matter came up for hearing before a bench of Justices AM Khanwilkar and Citi Rabikumar, the counsel appearing for the CBSE said he had received a copy of the petition on Sunday and needed some time to seek directions.

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The bench has fixed December 7 for hearing.

Advocate Robi has sought guidance from CBSE not to declare 12th class students as unsuccessful on the basis of assessment policy as the application was filed through publication which had already declared pass in the original result.

It sought guidance from the concerned authorities to maintain the original results of the applicants instead of further improved test results.

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The application cites a clause in the CBSE Assessment Policy dated June 17 which states that students who are not satisfied with the assessment made on the basis of the policy will be given an opportunity to appear for the examination conducted by the board when the condition arises. Helpful to conduct tests.

According to the section, the number obtained in the next examination will be considered as final.

Claiming that the clause contradicts CBSE’s own other circulars, the petition cites a March 16 circular stating that “among the two marks obtained in the subject will be considered for the final declaration of good marks” and “candidates who will improve them. Sheets will be issued “.

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It states that there is no specific bylaw that states that the original marksheet will become invalid or will be revoked for students participating in the improvement test.

The application states that the purpose of giving the opportunity to appear in the offline examination was to give the opportunity to improve the marks and not to put the students in difficulty or those who had already been declared pass failed.

Defendant’s (CBSE) inaction is tantamount to depriving innocent students of their basic rights under Article 21 of the Constitution, namely the right to life which includes the right to livelihood and Article 21A of the Constitution which is based on higher education. .

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“Therefore, the official respondent’s action is unconstitutional, illegal and arbitrary in the present information and situation as a violation of Articles 21, 21A and 14 of the Constitution.”

According to a CBSE press release, 34,317 regular students took the offline test to improve their scores, it said.

On June 17, the apex court approved the assessment projects of the School Certificate Examination Council of India (CISCE) and CBSE, which adopted the 30:30:40 formula for assessing numbers for Class XII students based on the results. Classes 10, 11 and 12, respectively.

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The apex court had approved the assessment schemes of CISCE and CBSE and said that dispute resolution provisions should be included if students want to amend the final results.

The CBSE had earlier said that it would evaluate 12th class students for theory on the basis of 30 per cent marks in 10th board, 30 per cent from 11th class and 40 per cent marks in unit, mid-term and unit performance. Pre-board exams in 12 classes.

It said that the scores obtained by the students of class 12 in practical and internal assessment on a practical basis uploaded by the schools on the CBSE portal would also be considered in deciding the final result.

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