Case BriefsCOVID 19High Courts

Bombay High Court: A Division Bench of Dipankar Datta, CJ and S.S. Shinde, J., adjourned the matter concerning conducting of Class 10th and 12th board examinations by ICSE. The High Court is awaiting the decision relevant to the issue to be passed by the Supreme Court.

Advocate General for the State of Maharashtra — A.A. Kumbhkoni informed the Court that a decision has been taken to not permit the respondent 2 to conduct classes 10th and 12th examinations re-scheduled from July, 2, 2020 given the current COVID-19 situation in the State.

Mr Mehta submits that the State has not taken any decision to prohibit the examinations in the State to be conducted by CBSE and, if indeed, the CBSE is permitted to proceed with the classes 10th and 12th examinations re-scheduled in July, 2020 there could be no valid reason not to permit the second respondent to go ahead with its own examinations.

Bench noted Advocate General for the State’s reaction that, since the Disaster Management Committee of the State has not been required to take a call in respect of examinations to be conducted by the CBSE in the State as per the revised schedule by any order of the Court, no decision as yet has ben taken; but as and when the situation so demands appropriate action would be taken.

Further it was observed that the decision taken by the Central Government and CBSE with regard to examinations shall be taken on 25-06-2020. Counsel on behalf of the State states that depending on the decision of Supreme Court, respondent 2 may work on methodology for completing the results of examinations and therefore Supreme Court’s decision is also awaited.

Thus, in view of the above, High Court’ opinion is that it ought to await the decision relevant to the issue.

State is directed to place before the Court the entire decision by the next date.Hence hearing of the PIL as well as the applications for intervention shall stand over till 29-06-2020. [Arvind Tiwari v. UOI, PIL-CJ-LD-VC-18 of 2020]


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Bom HC | Centre and State to clarify stand on CISCE examinations; Courts asks to finalise grading plan to be adopted for evaluation

Bom HC | Students of Class 10th and 12th of 2020 batch can choose to be assessed on pre-board examinations instead of physically appearing for board exams: CISCE

Case BriefsCOVID 19High Courts

Bombay High Court: A Division Bench of Dipankar Datta, CJ and S.S. Shinde, J., asked Centre and State to clarify stand on CISCE Examinations and the grading plan to be adopted for evaluation of the same.

Bench stated that on the earlier date it had deferred from hearing the present Public Interest Litigation filed with the expectation that respondent 2 would finalise the grading plan with regard to remaining board examinations of Class 10th and 12th but the same has not been done yet and an adjournment has been sought till friday.

Further, the Court stated that it wished to be apprised as to whether the Central Government has taken any decision pursuant to an order dated 15th June, 2020 passed by Allahabad High Court’s Division Bench in respect to remaining subjects of Class 10th and 12th examinations, due to be conducted by CBSE as well as respondent 2 in July, 2020.

Explaining its concern for the examinees in the State of Maharashtra to Advocate General, Kumbhakoni, in view of the prevailing situation, where number of persons testing COVID-19 positive in the State is on the rise together with the toll.

Advocate for respondent 2 submitted that a proceeding with regard to the same issue is likely to be considered in the Supreme Court today.

Senior Counsel, Dr Birendra Saraf for the intervener contended that that a number of examinees are willing to write the remaining papers of the examination physically, having put in hard work to prepare, and that any decision taken by the State or by the second respondent to cancel the examinations would be detrimental to their interest; hence, an option ought to be left open for such examinees to write the examinations physically.

Thus, concluding the order, Court stated that,

grading plan is expected to be finalised by the second respondent by Thursday next whereafter it could be circulated for the examinees to make an informed choice. The respective stands of the Central and the State Governments are required to be known. That apart, there is a pending proceeding before the Supreme Court on the selfsame issue. The order passed by the Supreme Court, if any, on such proceeding may also be seen.

Matter is deferred for further hearing till 24th June, 2020 to enable Additional Solicitor General and Advocate General to apprise the Court with Union and State’s stand. [Arvind Tiwari v. UOI, PIL-CJ-LD-VC-18 of 2020, decided on 19-06-2020]


Also Read: 

Bom HC | Students of Class 10th and 12th of 2020 batch can choose to be assessed on pre-board examinations instead of physically appearing for board exams: CISCE