Supreme Court: The bench of AM Khanwilkar and Dinesh Maheshwari, JJ has accepted the schemes presented by CBSE and ICSE for assessment of students who were due to appear in the now cancelled Class XII Board exams.

The Court however, made clear that the scheme must incorporate two aspects:

(i) providing for Dispute Resolution mechanism, in case the students apply for correction of the final result declared by the concerned Boards.

(ii) the time-line to be specified for (a) declaration of the 6 result and (b) the date before which the optional examination will be conducted, subject to conducive situation and logistical constraints.

The Court also rejected the intervenor’s plea that the decision of the CBSE and the ICSE to cancel the examination be re-visited. It, however, gave time to Senior Advocate Vikas Singh to examine the scheme propounded by the concerned Boards and listed the matter on 21st June, 2021. The Court, however, made clear that

“… the concerned Boards are free to notify the final scheme on the above lines and include the two suggestions given by the Court. If any further suggestion is given by Mr. Vikas Singh, learned senior counsel, that matter can be addressed appropriately.”

Key highlights of CBSE’s Scheme

  • Due to cancellation of the Board examinations, the assessment of theory portion of 80/70/60/50/30 marks will be done by the school based on the following:

Class XII: Marks based on Unit Test/Mid-Term/Pre-Board Exam – 40 %

The computation of theory marks for class XII will be based on performance in one or more Unit Test(s)/MidTerm/Pre-Board(s) theory examination. The result committee of the school may decide weightage to be given to each exam based on the credibility and reliability of the assessment.

Class XI: Marks based on theory component of final exam -30 %

Class X: Marks based on average theory component of best three performing subjects out of main 5 subjects – 30 %

This average will be uniformly awarded to all the class XII subjects based on theory weightage. To facilitate ease in entering the theory marks of class X, the Board will provide the marks for the students who have appeared in CBSE class X examinations. For students of other Boards, the schools will have to enter the information based on the class.

  • The marks of Practical/Internal Assessment etc. of class-XII will be on actual basis as uploaded by the school on the CBSE portal.
  • The total marks awarded should be in consonance with the past performance of the school in ClassXII Board Examinations.
  • The computation of theory marks for class XII will be based on performance in one or more Unit Test(s)/MidTerm/Pre-Board(s) theory examination. The result committee of the school may decide weightage to be given to each exam based on the credibility and reliability of the assessment.
  • To ensure standardisation, each school will have to internally moderate the marks to account for the school level variations by using a reliable reference standard.
  • The historical performance of the school, in terms of the best overall performance in the previous three years’ Board examination, will be taken as the reference for moderating the marks assessed by the school for 2020-2021.
  • The subject wise marks assessed by the school for 2020-2021 should be within a range of +/- 5 marks obtained by the students in the school in the subject in the reference year. However, the overall average marks for the school assessed in 2020-2021, for all the subjects, should not exceed the overall average marks obtained by the school by 2 marks in the specific reference year.
  • Once the Result Committee finalizes the marks on the basis of tests/exams, it has to ensure that the marks of students are aligned with the broad distribution of marks provided by the Board. It may be noted that the indicated distribution has to be followed broadly and there may be some difference in terms of number of actual students in each category of the distribution than the one indicated. However, the school subject wise and overall scores should be within the limits provided.
  • Students not satisfied with the Assessment Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations. As per this policy, marks scored in later examination will be considered as final.
  • For Private, Patrachar and 2nd chance Compartment candidates etc. Examination will be conducted by the Board as and when the conditions become conducive for conduct of such examinations. The details will be notified in due course.”

Key highlights of ICSE’s Scheme

  1. The components used to arrive at the formula limited to

(i) marks percentage in class X board examinations,

(ii) the Project & Practical Work in the subjects,

(iii) the performance of the candidates in the school examinations in the subjects in classes XI and XII, measured through their best marks obtained in the two years (referred to as raw marks) and (iv) the best performance of the school in the last six years.

  1. The first factor measures the general proficiency of the candidates, the next two factors measure the subject proficiency of the candidates, while the last 5 is a measure of the general quality of the schools the candidates are appearing from.
  2. To arrive at the weights, detailed analyses were performed on the data from the past board examinations from the years 2015 to 2020.
  3. Extensive scenario analyses were done based on different subjects.

[Mamta Sharma v. CBSE, 2021 SCC OnLine SC 430, order dated 17.06.2021]


For UOI: Attorney General KK Venugopal

For CBSE: Solicitor General Tushar Mehta

For ICSE: Senior Advocate JK Das

For Intervenors: Senior Advocate Vikas Singh

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One comment

  • its really a great information ,keep sharing thanks you…

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