CBSE Class-12 Improvement Exams Marks Have Two Options
Supreme Court Nullifies
CBSE Policy To Treat Class-12 Improvement Exams Marks As Final & Directs To
Offer “Better Of Two” Options
The Supreme Court of India countermand on Friday,
7th January 2022 Clause 28 of CBSE Policy which held that marks
in the CBSE Improvement Exams will be considered ‘Final’ for the assessment
of Class-12 Board Exams in the current session of 2021-22. The Court further
directed that CBSE should offer the option of the “better of
the two marks obtained” for the assessment and final declaration of
the results to the students of Class-12.
The Central Board of Secondary Education (CBSE) was directed by the
Supreme Court of India in December to reconsider the policy of CBSE
of treating the marks in the CBSE Improvement Exams of Class-12 as
‘Final’ over the marks tabulated as per the Standard
Formula of Assessment of Class-12.
Justices A.M. Khanwilkar
and C.T. Ravi Kumar stated that the CBSE
Class-12 students are only seeking for retention of their original marks
results and the admissions in colleges/institutions after
Class-12 will be affected if the lesser marks scored by them in the
Improvement Exams will be considered ‘Final’.
The CBSE, in its counter-affidavit, explained the Supreme
Court that it has made a partial revision of its policy to the extent of
allowing students who got 'Fail' in Improvement Exam to
retain their 'Pass' result which they got as per the Standard Assessment
Formula. The Bench comprising Justices A.M. Khanwilkar and C.T. Ravi Kumar
had asked the Counsel for CBSE to seek instructions from CBSE on
the issue of reconsideration of its Improvement Exam Policy.
In Supreme Court
today, the Counsel for CBSE Adv Rupesh Kumar informed the Court
that since students are assessed in their Improvement Exams, the marks obtained
therein would be considered final. Justice A.M. Khanwilkar asked the Counsel
what the justification was for CBSE not to allow students to retain their
original marks. Justice A.M. Khanwilkar asked "Give us
justification why it is not possible? Have you filed an affidavit stating why
it is not possible? Whichever (marks) is suitable for a candidate, what is the
issue in that? In the past you have done it, what is wrong in doing it again?
What is the difficulty in doing it this year when it has been done in the
past?"
The Justices noted
that "The CBSE has not given any justification for departure" and
struck down the clause that marks in later exams will be considered final. The CBSE
shall provide an option to the candidate to accept the “better of the two
marks obtained” for the final declaration of the Class-12 results. CBSE
had earlier partially revised its policy to the extent of allowing
students who got 'Fail' in the Improvement Exam to retain their 'Pass'
result which they got as per the Standard Assessment Formula.
Case Title: Sukriti & Ors v CBSE &
Ors | WP(c) 12
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