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]
