Bom HC | Citing the SC decision in pending exams for classes 10th and 12th of ICSE board, HC records formal closure of proceedings: “Nothing survives for decision”

Bombay High Court: A Division Bench of Dipankar Datta, CJ and S.S. Shinde, J., while addressing the matter in regard to Class X and XII Board examinations for the session 2019-2020, held that the same has been dealt by the Supreme Court and nothing survives in the said matter to be addressed by the Court.

Court observed the decision of Supreme Court in the case of Amit Bathla v. CBSE, 2020 SCC OnLine SC 541 wherein the following was held:

“8. In terms of this order, 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 this Court or any other Court shall be governed by this order and deemed to be disposed of accordingly.

9. We make it clear that this order does not deal with any other issue which may arise for consideration in some other proceedings pending before the High Court or this Court except the subject matter of conducting examinations for classes X and XII for Academic Year 2019-2020 by the CBSE and ICSE respectively.”

Bench in view of the above stated decision held that “nothing survives for decision” and recorded the formal closure of the proceedings. [Arvind Tiwari v. UOI, 2020 SCC OnLine Bom 733 , decided on 29-06-2020]

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