COVID-19| Over 800 students approach SC against CBSE’s decision to conduct compartment exams

All India Students Association has moved a letter petition on behalf of over 800 students seeking suo moto congnizance of Supreme Court against the direction of CBSE to conduct the compartment examination amidst COVID-19 crisis.

The petition highlights that as per the CBSE Class X and XII results declared last month, around 150198 Class X students and around 87651 Class XII students were placed in the category of compartment full subject.

When approached the Supreme Court, the students were asked to make representation before CBSE and upon doing so, CBSE, on August 6, 2020, without taking account of the present health crisis, provided for conduct of compartment exams.

Terming the said decision of CBSE to be in sheer violation of right to health which is part of right to life under Article 21 of the Constitution of India, the petition submits that the conduct of compartment examination will expose the examinees to a great risk. The conduct of offline exam will entail students to travel from one place to another which will further involve the risk of shared accommodation, use of public transport, etc. The petition states that the conduct of examination will also increase the risk of the parents, teachers, staff members, etc being exposed to the virus.

Regarding conduct of online exam, the petition submits that the same will be against the interest of students who do not have proper access to internet/laptops/personal computers.

The petition also highlights that CBSE has not given any clarity yet on neither the date of the compartment exam nor the mode of conduct. Many colleges are about to close admissions, which will adversely affect the careers of lacs of students who will be deprived entrance into the Institutions of their choice.

It is also submitted that the decision of the CBSE is itself flawed as it is against the MHA Unlock III guideline dated 29.07.2020, which provides that the schools, colleges and educational institutions will remain closed. The petition also states that many states have cancelled the conduct of examinations considering the exponential growth in the number of COVID-19 cases.

It further brings to Court’s notice that the Ramesh Pokhriyal, Minister of Higher Education stated yesterday that yet there is no date fixed for reopening schools and the safety of the students is a primary concern. When there is no deadline for opening of schools, how can the students be then expected to appear for compartment examination in the current situation.

The students, in their petition, state that they are not contending the importance of exams but are seeking appropriate direction of the Court only till the situation normalises. They have urged the Court to stay CBSE decision till the situation normalises. They also pray that steps for alternative system of evaluation be formulated and that provisional passing certificates may be given to the students until COVID-19 situation normalises, so that the students are not deprived of admission to colleges.

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