COVID-19| SC disposes of all petitions as CBSE and ICSE propose to cancel pending Board Exams

Supreme Court: Passing final order in the CBSE cancellation of CBSE Board examination issue, the 3-judge bench of AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, JJ has directed that petitions pertaining to CBSE examinations pending in this Court or any other Court shall be deemed to be disposed of in terms of the proposed notification to be issued by the CBSE, after CBSE placed the draft Notification before it.

The Draft Notifications proposes to cancel the Board examinations for classes X and XII which were scheduled from 1st July to 15th, 2020. Here are the other key highlights of the Draft Notification:

  • Assessment of the performance of students in the cancelled examinations will be done based on the assessment scheme as suggested by competent committee of the CBSE for declaration of result for both class-X and class-XII.”
  • Results to be announced by July 15, 2020.
  • For Class-XII, CBSE will conduct an optional examination in the subjects whose examinations were scheduled to be conducted from 1st July to 15th July, 2020 as soon as conditions are conducive, as assessed and decided by the Central Government.

“Candidates whose results will be declared based on the assessment scheme will be allowed to appear in these optional examinations to improve their performance, if they wish so.”

  • For candidates in Class X, no further examinations will be conducted and the result declared by CBSE on the basis of assessment scheme will be treated as final.
  • For class-XII, the result declared by the CBSE on July 15, 2020 will be considered as final unless the students opt for optional examination.

The Court, further said that if any other petition is pending in the Supreme Court or any other Court concerning the subject of conducting examinations for Classes X and XII by the CBSE scheduled from 1 st July, 2020 to 15th July, 2020, the same will be governed by this order and the notification approved by this Court.

Regarding ICSE Board examinations, it was submitted before the Court that the ICSE would issue similar notification with additional aspects referred to in the affidavit filed by them. However,

“ICSE may consider of conducting optional examination for Class X as well and abide by the same terms as regards the optional examination regarding Class XII referred to in the draft notification of CBSE…”

ICSE will also notify it’s Assessment Scheme within one week from today on it’s website.

The Court, hence, ordered that all proceedings/petitions pertaining to the subject matter of conducting examinations for classes X and XII by ICSE for Academic Year 2019-2020 pending in the Supreme Court or any other Court shall be deemed to be disposed of accordingly.

[Amit Bathla v. Central Board of School Education, 2020 SCC OnLine SC 541 , order dated 26.06.2020]

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