A writ petition has been filed in the Supreme Court challenging the Central Board of Secondary Education (CBSE) notification dated May 18, 2020, which declares the commencement of the remaining examination of CBSE Board (Class XII) ranging from July 1, 2020, till July 15, 2020. The petitioners have prayed for declaration of result based on internal assessment marks this year. The petitioners are none other than the parents of their wards who have appeared/appearing in the Class XII Board examination conducted by the CBSE.
The petition has been filed by the parents of students scheduled to appear for their XII Board exams in July, in line with the fresh schedule notified by the CBSE. In light of the growing concern over the spread of the COVID-19 pandemic, the petitioners highlight that according to data by AIIMS, the pandemic would be at its peak in India. Interestingly just two days after the CBSE notification, on May 20, 2020, the Ministry of Home Affairs (MHA) had come out with a circular issuing guideline to various states informing about the Government decision specifying that no examination would be permitted in those centers which fall in the Containment zones.
It is their claim that, through the instant writ petition, they not only want to demonstrate the rising 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 but also demonstrate the extent of discriminatory and arbitrariness conduct of the respondent/CBSE in issuing the notification for holding of the remaining examination and that too in the month of July 2020 wherein as per the AIIMS data, the said COVID-19 pandemic would be at its peak. They have also come up with some suggestions:
- As done by the respondent/CBSE in its other 250 schools abroad, various State Boards in other States, the examination scheduled to be conducted in July 2020 should be canceled and the marks could be allotted on the basis of internal assessment.
- That under the ages of CBSE itself all the remaining subjects for which the exams have to be conducted have an inbuilt mechanism of internal assessment and for that remaining paper the same can be awarded; or
- The exams which are already held (most 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.
Through the writ petition under Article 32 of the Constitution, they have sought writ in the nature of Certiorari and Mandamus for quashing of the CBSE Notification dated May 18, 2020, and for the time being immediate stay of the Notification till the petition is decided finally. [READ PETITION]