New Delhi. The Supreme Court on Friday set aside a condition specified in CBSE’s evaluation policy in June last year that the marks obtained in the subsequent examination would be considered final for evaluation of Class 12 students.
A bench of Justices AM Khanwilkar and CT Ravikumar said the Central Board of Secondary Education (CBSE) will provide an option to a participant to accept the better of the two marks obtained in a subject in the last academic year for the purpose of declaration of the final result.
The court was hearing a petition filed by some students who appeared in the examination conducted by CBSE last year to improve their class 12 marks. The apex court said that a complaint has been made about the provision in clause-28 of the policy dated June 17, 2021 which states that “… in accordance with this policy, the marks obtained in the subsequent examination shall be treated as final”. “Consequent to this, we have no hesitation in setting aside the condition specified in clause-28 that the marks obtained in the subsequent examination shall be treated as final,” the bench said.
The court said that the petitioners complain that this condition has been added in supersession of the earlier policy, where the better of two marks obtained by a candidate in a subject was to be kept in the final declaration of result. The court said that no justification was given by the CBSE for removing the earlier policy. Last year’s CBSE 12th board exams were canceled due to the pandemic.
Disposing of the petition, the bench said that there was a need to adopt that policy as the challenging situation is being faced by the students and this in itself justifies the provision which is more favorable to the students. Initially, the counsel for CBSE said that these students have been assessed as per the improvement examination, and now they cannot avail the benefit of the policy.
“How does this affect you? Give us justification, why it is not possible.” Permission was given to appear in the improvement examination held in August-September year.
Hearing the matter last month, the top court had said that the CBSE should consider the problem of students who appeared in the Class 12 examinations last year to improve their marks but got lesser marks as it was higher. Will affect the admission they get for studies. The court had said that the students appearing in the improvement examination have taken admission on the basis of their original results and there should be no disturbance in it.
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