Case BriefsTribunals/Commissions/Regulatory Bodies

National Human Rights Commission: The NHRC has taken suo motu cognizance of media reports about the incidents of papers leak of Class X and XII board examinations being conducted by the Central Board of Secondary Education (CBSE). Reportedly, two cases have been registered on charges of criminal breach of trust, cheating and criminal conspiracy and some arrests have been made.
The Commission has observed that prima facie, it seems the concerned authorities have failed to keep the faith of the students, intact. The humiliation being faced by the innocent students is amounting to violation of their Rights to Dignity and Education. Accordingly, it has issued notices to the Secretary, Union Ministry of Human Resource Development, the Chairperson, Central Board of Secondary Education and the Commissioner of Police, Delhi calling for a detailed report in the matter within four weeks.
The Ministry of Human Resource Development is also expected to inform the Commission about the steps taken regarding counselling of the aggrieved students and to make the process of conducting board examinations trustworthy and foolproof to avoid recurrence of such painful incidents in future.
The Commission has further observed that such instances would adversely affect the credibility of the institutions in which the students have absolute faith. The students have been undergoing trauma engulfed with helplessness, heart break and mental agony during examinations days. The parents and the teachers try their best to counsel and motivate the students to remain calm and confident these days. Several government and non-government agencies including the media also contribute to impart ancillary support to the students to deal with the anxiety, attached to the board examinations. In spite of all the best efforts made by every stake holder, if the preparations done by the students go in vain due to such demoralizing and unexpected incidents like paper leak, it would definitely shatter the enthusiasm of the young aspiring students.
According to the media reports, six students were detained by the police in Jharkhand’s Chatra district and the Crime Branch of Delhi police has also been cracking down. Several persons including administrators of some WhatsApp groups, coaching centre’s owners and tutors were questioned about the leak and as per recent media reports, three teachers have been arrested and an official of the CBSE has been placed under suspension.
Reportedly, the CBSE authorities have announced that the examinations for Class XII pertaining to the subjects in which papers were leaked, will be conducted again on 25 April, 2018. With regard to re-examination of Mathematics paper of Class X, it is informed that the decision will be taken in next 15 days. It is also reported by some newspapers that as the Class X paper leak was restricted to Delhi-NCR and Haryana, the re-test will take place in these regions only in the month of July, 2018. As stated by the CBSE authorities, the decision has been taken in the interest of the children and an inquiry into the leak is underway. The matter is being investigated into by the police and an intra departmental probe is also being conducted.

National Human Rights Commission


Case BriefsHigh Courts

Punjab and Haryana High Court: Allowing the Writ petition in which the petitioner had challenged the notice passed by the Central Board of Secondary Education against revaluation of the theory paper of Physical Education, the bench of Amit Rawal, J; held that there is no rationale behind prohibiting the revaluation of the theory paper of Physical Education and instructed the respondents to consider the request of the petitioner.

The Court relied upon judgment rendered by Delhi High Court in Samarth Mittal v. Union of India and others, 2015(6) AD (Delhi) 498, and said that such notice has already been held to be void in law and directed the CBSE board to conduct revaluation of theory paper of Physical Education as per bye-laws. The Court further held that as the bye-laws do not promulgate any restriction with regard to the revaluation of the subject aforementioned, therefore, CBSE cannot on its own put fetter restricted qua one paper, permitting in others.  Hence, quashing the notice under challenge, the Court  directed the CBSE to conduct revaluation as sought for and publish results within two weeks. [Shaurya Gulati v. Central Board of Secondary Education; 2016 SCC OnLine P&H 4260; decided on 13th June, 2016]