A Group of Parents have approached the Hon’ble Supreme Court by way of Public Interest Litigation seeking cancellation of the CBSE Class 12^th Board Examination to be held in July. They have also sought that results of the students be declared on the basis of internal assessment.

The parents are concerned with the CBSE notification dated 18.05.2020 that had decided to hold the remaining examination of CBSE Board (Class XII) ranging from 01.07.2020 till 15.07.2020. They have approached SC because of concern of the safety of millions of students who would be exposed to COVID-19 pandemic if they were to appear in the said examinations. It is further mentioned in the Petition that as per the available data, the risk of spread of Covid19 infection will be at its peak in July and hence deciding to hold examination in July, is an unreasonable decision.

It has been argued by the parents that “Ensuring proper cleanliness and safety standards as prescribed by the concerned Government in COVID-19 situation in those 15,000 exam centres spreading over length and breadth of the country including rural sectors would not only be risking health and life of children but also would be an exercise in futility and an eyewash.”

The Petitioners have also pleaded a case of discriminatory decision by citing that CBSE considering the gravity of this pandemic had cancelled the examinations of Class X and XII for its 250 odd schools which are situated abroad and has adopted criteria in awarding marks on the basis of either Practical exams conducted or internal assessment marks, but the same parameter is not being adopted in India.

The Petition also points out practical difficulties in conducting and appearing for the said examination and mentioned that “if an examination centre falls in that Containment Zone, the students would not be permitted to appear in the said proposed exams and if a student has to come from a Containment zone for appearing in the said examination, he/she will not be permitted to move out from the said Containment Zone."

The Petition places reliance on recent decisions taken by premier Institutes in the country, like Delhi University, IITs which have cancelled their examination through physical appearance including those of final year students because of the said situation.

In addition to seeking cancellation of examination, the parents have also suggested that exams which are already held (majority of the subjects), the average of those marks could be calculated and can be added up with the remaining paper, which marks can be assessed by internal assessment.

EduLegaL View:

Right to Health is a fundamental right and hence any decision of any State instrumentality, which endangers Right to Health, can be challenged directly before Supreme Court under Article 32 of Constitution of India. Considering the length and breadth of CBSE Schools in the country, it is an uphill task to conduct physical examination, in these situations.

Moreover, if due to health concerns, Schools are to open in August, the same constraints would apply even to conducting examinations. Many premier Institutes have decided not to conduct physical examination, hence CBSE should be ventured into exception.

# Jan Hai to Jahan Hai

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EduLegaL View:

A Group of Parents have approached the Hon’ble Supreme Court by way of Public Interest Litigation seeking cancellation of the CBSE Class 12th Board Examination to held in July. They have also sought that results of the students be declared on the basis of internal assessment.