The petitions, filed by advocate Robi Prakash, say the board failed to implement the dispute resolution process set out in a circular issued in August this year, in line with the apex court’s June 17 ruling.
The apex court on Friday asked the CBSE to file its response to two separate petitions alleging that the board had failed to properly implement the procedure for resolving disputes regarding Class XII examination results which was canceled due to the COVID-19 epidemic. . The petitions came before a bench of Justices AM Khanwilkar and City Ravi Kumar for hearing.
Lawyers appearing for the Central Board of Secondary Education (CBSE) said a copy of their application had been issued only two days ago and he could not file a reply due to time constraints. The apex court, which posted the matter for hearing on October 20, asked the lawyer to file a response on or before October 18.
The petitions filed by advocate Robi Prakash claim that the board has failed to implement the procedure of dispute resolution process, a circular issued in August this year in compliance with the June 17 order of the Supreme Court.
On June 17, the apex court approved the assessment schemes of the School Certificate Examination Council of India (CISCE) and CBSE, which adopted the 30:30:40 formula for assessing numbers for students based on 10th class results, 11, and 12, respectively. It further stated that the dispute resolution provision should be included in the assessment project if students wish to revise the final result.
One of the applications filed by Class 12 pass-out students claimed that their numbers were not calculated based on their actual performance by adopting CBSE’s 30:30:40 formula. It said the applicants were given a lease mark, which led to widespread prejudice against them.
The petition alleges that the CBSE has provided a mechanism for resolving the dispute but “failed to implement it only on paper and in practice which has created great prejudice for the applicant students and if it is unresolved it will cause them irreparable loss”.
It said that the matter to be considered before the Supreme Court is whether the authorities concerned are responsible for deciding cases raised through appropriate channels of dispute resolution, excluding the rational / speaking order after considering the bizarre facts and circumstances of the case. .
30:30:40 Instructions are also sought to declare their results on the basis of formulas and considering the actual numbers obtained by them.
The CBSE had earlier told the apex court that the 10th board would evaluate 12th class students for theory on the basis of 30 per cent marks, 30 per cent from 11th class and 40 per cent marks on the basis of unit performance. – Term and pre-board examinations in 12 classes.
It said that the scores obtained by the 12th class students in the practical and internal assessment uploaded by the schools on the CBSE portal would also be considered in deciding the final result.
The apex court on June 17 referred to the assessment schemes of both the boards and said that “there is no question of reversing the earlier decision regarding cancellation of the examination” as there would be no prejudice against the students as they could still appear in the optional examination. The test will end on time.
The court passed the order while hearing an application seeking directions to cancel CBSE and CISCE Class XII examinations in the event of an epidemic.