[CBSE, ICSE Class 12 exam] LIVE UPDATES from Supreme Court on plea against assessment policy, petition against cancellation of exam

The Supreme Court will start hearing at 2 pm a batch of petitions concerning CBSE, ICSE and State Board examinations for class 12.The Bench of Justices AM Khanwilkar and Dinesh Maheshwari will be hearing petitions against the assessment policy adopted by CBSE and ICSE for assessment of class 12 students after it had cancelled the board examinations. The Bench will also hear a petition challenging the decision to cancel the exam. Besides, a petition seeking cancellation of State board examinations in a few States, which are yet to scrap the same, will also be heard. Live updates below..Matter to start now.The bench will resume at 2:35 pm.Justice AM Khanwilkar: sorry for the delay since Justice Maheshwari was not available.Justice Khanwilkar: Ms Sharma who will address us? Mr Vikas Singh is not available?.Justice Khanwilkar: Where is the Attorney General? AG KK Venugopal: I am. There is a plea challenging the decision to cancel the board exams..AG: A public interest writ will not lie in cancellation of exams Justice Khanwilkar: Sr Adv Jaideep Gupta is connected.Petitioner Anshul Gupta appears in person: as a private teacher i have a concern that how can class 12 exams be cancelled but when it comes to CLAT, karnataka state etc then how are those exams being held .Justice Khanwilkar: some other petitioner had raised this same query. Look at the number of children who will appear in other exams and board exams Gupta: the children who will appear in board exams he will appear in NDA exam also. its same student.Justice Khanwilkar: each exam is independent exam. Board has to take that decision.. Gupta:my point is not being taken then Justice Khanwilkar: we have to unmute you.Justice Dinesh Maheshwari: Justice Khanwilkar is saying something. You are not listening to us. I am not as soft as justice Khanwilkar. this is not the way to address the court. You cannot interrupt like this.Justice Maheshwari: these points have been made. Make some other point and stop there Gupta: How can class 12 exams a threat and other competitive exam is not a threat?.Justice Khanwilkar: each board is different and logistical needs is different. Board has taken a conscious decision at the highest level and taken on larger public interest. we are not going to sit over it. its not taken by a section officer. Govt and board is equally concerned.Justice Khanwilkar: the situation is so dynamic we don't know exams will be held or not. That will impact the psychology of the students will you take responsibility of the 20 lakh students who will appear for the exam and logistical arrangements which has to be made.Justice Khanwilkar: students approached us and stated they were unable to appear. Now should we reverse our decision and push 20 lakh students to uncertainty? Sr Adv Vikas Singh: can i address? SC: wait for Mr Gupta to complete.Gupta: If ITT JEE can be conducted why not board exams? Justice Khanwilkar: exam is there you can appear for that. you are only repeating yourself. at the outset whether option has to be given or not we will decide on that. please don't waste our time..Justice Dinesh Maheshwari: individual perception will not decide this case. Decision based on larger interest has to be taken, there are logistical issues and issues with teacher and support staff..Justice Maheshwari: we have prima facie endorsed the decision taken by the government. Justice Kahnwilkar: Mr Gupta we are not here to convince or counsel you. unless you have any other point you can stop.Senior Advocate Vikas Singh: You said students came to you. A busy body cannot be student. Mamata Sharma is a lawyer. Students never came to you. She has no personal interest. .Justice Khanwilkar: it was a representative capacity petition. please don't go into this .Singh: ICSE has filed an affidavit last night saying that it is not sure if they will conduct the optional exam at all at a later date.Technical glitches occur Vikas Singh: one time the problem was sourced to the control room Justice Khanwilkar: we are trying to figure out why there is an issue.Vikas Singh: ICSE says no clarity on the optional exam. There cannot be a situation where there is no physical examination. In a SLP before you... Justice Khanwilkar: that comes from Delhi HC. We will hear it separately .Senior Advocate Vikas Singh: option should be given to schools and students whether it wants to appear for physical exam Justice Khanwilkar: how can schools decide. please don't make suggestions which is absurd. where are these schools represented? Singh: My students are saying so....Senior Advocate Vikas Singh: As UP Parents Association we want this option for our students and schools. In our school if a student wants to give exam and if a mediocre student is given more marks in local exam then there will be unequal playing field.Justice Khanwilkar: Those students who want to appear in exam can appear so as there in the scheme itself... if they have a dispute or grievance they can make it before us Singh: There should not be writs tomorrow saying how a mediocre student is stealing a march over him or her.Justice Dinesh Maheshwari: these are not competitive exams and only qualifying marks. Justice Khanwilkar: if you are so conscious appear for the optional exam for improvisation Singh: ICSE on affidavit is saying they may not hold..AG Venugopal: Option is not for the school but for individual students whose career is involved. The entire past performance will be assessed. If they want to improve on that then they can appear for optional examination. Marks in optional exam is final..AG: Therefore if an option is exercised before then under no circumstance can they get internal marks are tallied. That opportunity he gives up if he selects physical exam at the beginning itself..Justice Khanwilkar: he says that option should've been before results at the threshold. Can this opinion be garned online from them in two or three days, so that rest of the results are declared and exams for the others can be held..Justice Khanwilkar: You say before July 31 results will be declared for all on the basis of assessment policy..AG: It is not possible to do so. If student says i don't want internal assessment and want written exam then covid disappears? Suppose assessment will give them higher marks then we cannot go back to that. then they will be stuck with one opportunity..AG: second alternative is you say only assessment but they cannot improve marks then.Justice Khanwilkar: what is the problem of the board, it is their call. What we are suggesting is you can get opinion from students which exam they want to appear and those who appear for exam don't give internal assessment marks. it is their choice and you are not forcing them.AG: You have got best of both the worlds. Instead of that you are giving them only one option. Now you are saying do away with one option. This suggestion is counter productive as far as the students are concerned. .AG: Govt has taken a decision as we are the controlling authority.Justice Maheshwari: Mr Singh is saying option should be exercised at the beginning. Would any candidate be in a position to ascertain how much marks will he or she get?.Justice Maheshwari: Whether a candidate is in a position to know where they will stand after the assessment marks. In absence of that the students will not be able to make a considered choice AG: Exactly we wont know in the beginning..Justice Khanwilkar: you want option should be given at the beginning. So no internal assessment for those students? Singh: yes Justice Khanwilkar: so scheme should be modulated in a way that only one option is given..Justice Khanwilkar: effect of accepting your prayer will be student can choose exam or internal assessment. so no room for improvisation. This will be against the interest of the students.Senior Advocate Singh: They want to hold it in September. But there are talks of COVID third wave. Today it is at the lowest. So if the exams are held now then there will be one result..Justice Khanwilkar: You said whether option should be given at the beginning or not. Effect of your submission will be only option for the students. Today the students have both the options AG: That is the ideal scenario.Singh: parents and students want it at one go since positivity rate has come down and the exams can be held now and there will be only one result. for college admissions it is dependant on this result. I may left with opportunity for next year with optional exam.Justice Khanwilkar: we can direct all boards to declare all results in one go, assessment and physical exam. AG: internal assessment exam Justice Khanwilkar: let all boards declare it on one day. all marks be released together. Singh: Written exam result should be declared too.AG: After July 31, UGC will wait for the results to be declared for all boards before commencing the admission Singh: the results for the written exam too Justice Khanwilkar: CBSE on affidavit has said exams will be declared in August and September and results in october.Vikas Singh: if results come in October then we lose out in this year.Justice Maheshwari: if you see the break up of 10th, 11th and 12 and best performance of school in last 4 years. No candidate will know straight away where he or she will stand..Justice Maheshwari: After this result is declared whoever wants to improve can appear for written exam as and when held. you don't know and cant leave all to uncertainty.Sr Adv Singh: September-October is the time for third wave. Justice Khanwilkar: we don't want to create uncertainty. Lat year the scheme worked out perfectly. ICSE: Last year only 10 appeared for physical exam.Justice Khanwilkar: How many students appeared for CBSE physical exam? SG Tushar Mehta: 15,000 students appeared last year for the improvisation exam Singh: exam was only for limited purpose.Senior Advocate Jaideep Gupta: we are intervenor for students. We dont want batch to enter limbo. if results of all batch is not declared on July 31 and want to give exam then it will create an unequal setting. Therefore Senior Advocate Singh is not correct.Justice Khanwilkar to Vikas Singh: we are not impressed with your argument Justice Maheshwari: giving option at the threshold may not work out.AG: Regarding ICSE CBSE not having a uniform policy. ICSE is an independent body and it is not possible to synchronize and have a uniform policy along with the states too. Each of this board is autonomous and the 32 state boards too..SG Mehta: I am adopting the submission by the Learned AG Senior Advocate JK Das for ICSE appears Senior Advocate Jaideep Gupta: last year too the two boards had a different policy.Adv Abhishek Choudhary appears for 1152 compartment students Justice Khanwilkar: we will come to you.Justice Khanwilkar: taking of past performance of school is taken into account, this has been objected to. AG: Performance of the last three years is useful to find out if results are being exaggerated this year. experts took a call on this after decades of experience.AG: Experts have found a difference in the total average of past performances of these schools. If its 72% percent average for one year and then it is 74% and then 76% .. its total marks by total number of students. then this will be compared to this year and if it comes to 90%.Justice Khanwilkar: ICSE is not doing this method... AG: This method will prevent exaggerated marking. it should be thus only 5 percent more or less Justice Khanwilkar: if its such a good scheme then why is ICSE not adopting this ICSE: we are taking six years average.Justice Khanwilkar: Mr Singh also said that CBSE may manipulate the marks.AG: The marks are recorded for each one of the student like class 10th and 11th result is in the register and then again pre board marks is there for 12th. Boards have to commit forgery if such marks are changed. will any principal permit that?.AG: The expert committee will too look into this Justice Maheshwari: problem is 40% component of 12th. It will be taken from unit tests, pre boards etc. Are those marks available with CBSE.AG: That is why the result committee is there. Result committee moderates and derives a rationale for each school Justice Maheshwari: why cant one exam be taken uniformly, like mid-term or unit test or pre boards? .AG: please see the scheme for computation of theory marks..Justice Khanwilkar: this will be for entire school or candidate wise? Justice Maheshwari: then student will never know what marks he will score AG: yes he will not know in advance.AG: The results will be moderated school wise and not candidate wise. Such a situation is arising for the first time and we had to innovate to take care of student interests, here 13 experts had put their heads together. Therefore it was thought how to tackle covid.AG: Life of each student is protected under Article 21. if student is forced to appear in exam and contract the disease then? parents are then going to sue the board. Its not safe or prudent to have written exam in the midst of COVID.JK Das for ICSE: Children are the most vulnerable since they are not vaccinated Singh: for moderation let not someone be brought down If a student has done exceptionally well, just because predecessor has done badly then let not his marks be affected..Singh: Next physical exam be held in July AG: his clients really want to appear in exam Justice Khanwilkar: he should really think of his grand children (smiles).On Compartment exams:AG: So far compartment is concerned this exam will be held as soon as covid subsidesJustice Khanwilkar: they can appear as private candidates? there results cannot be declared now based on their previous marks? It is bein suggested why different scheme.Justice Khanwilkar: why cant the CBSE scheme be made applicable to the compartment students? Adv Choudhary: there is a student who is an intervenor SC: we are not looking at individual cases .Choudhary: CBSE says exams will be held between Aug 15 to Sept 15 subject to how conduciveness of the situation IIT Kanpur has done a study that the third wave will strike in September. Then AIIMS says another mutant version of the virus will strike in 3 weeks..Choudhary: There is no bio bubble and the students are not vaccinated, if the students are being classified then the classification has to be reasonable..Choudhary: we are talking of balancing the interest if the results are announced together. There are lot of universities which has deadline for admissions SC: You are representing students who have taken compartments.Justice Khanwilkar: If there are less numbers of students appearing for improvisation and compartments then exams can be held shortly. (to AG) can the exams be held on July 31 for them itself after declaring results of others? you can given them a week to communicate to you.Justice Khanwilkar: then exam can be held in first week of August? Choudhary: there are 38,000 compartment students Justice Khanwilkar: at least its not 15 lakhs..AG: We are planning to hold the physical optional exam by August 15 subject to COVID Justice Khanwilkar: then the argument on that particular clause, can you offer them a solution? .Justice Khanwilkar: it has been submitted that compartment students had appeared last year too Choudhary : there are compartment student, patrachar student Justice Khanwilkar: what is patrachar? Choudhary: those who did not appear in 11th can appear for 12th board directly.Choudhary: April 14 notification says exam for all the students will be postponed. Then in June it was stated that the exams postponed is cancelled.... Justice Khanwilkar: you are arguing the same thing. we are not looking at this. AG has already said before August 15.Choudhary: There are some grace marks being given by state boards, Article 21 must be upheld Justice Khanwilkar: grace marks for compartment students that we are speaking of Choudhary: there are other private students too SC: They will get opportunity in August.Choudhary: CBSE may be directed to hold an online exam or a viva at least online Justice Khanwilkar: Yes CBSE will now come and hold exams at your home. What is this? How a board will conduct hearing we will decide?.Justice Khanwilkar dictates order: we have heard the counsels in response to the scheme by CBSE and ICSE. .Justice Khanwilar: The first issue raised by Singh appearing for intervenor is that scheme should provide option for improvising exam at initial stage itself and results of internal assessment should be together.SC: We are of the considered opinion that entertaining this plea will create uncertainty until improvisation exams are conducted. After results declared on July 31 then improvisation exam may be opted for. Arguments by Mr Singh cannot be accepted..Justice Kahnwilkar: In our opinion it is not possible to accept the submission by Mr Anshul Gupta that since other institutions are able to conduct exam it does not mean the boards can hold the exam. Boards have decided to cancel exam in larger public interest..Justice Khanwilkar: The policy adopted by CBSE was adopted by an expert body of 13 experts..Justice Khanwilkar: They have taken an holistic approach to ensure that no candidate is prejudiced. It is not possible for us to approach the second test approach instead we uphold the scheme by boards which are independent and autonomous..Justice Khanwilkar: Submission was made to declare results all on same day,, AG says UGC has said colleges will commence admissions are CBSE and ICSE declare results in that view there is no reason for us to entertain this apprehension..Justice Khanwilkar: Next argument was made on how there can be manipulation of marks. AG submits that a broad-based results committee will examine all aspects of the matter and also the schools. Thus scheme as propounded cannot be doubted.Justice Khanwilkar: Next for concerns by compartment students. Analogy of the said scheme cannot be applied to private , compartment or patrachar students..Justice Khanwilkar: present scheme says exam will be held where all such candidates can appear as private candidates and exams will be held from Aug 15 to sept 15 and results will be at the earliest so that these students can pursue their career if so desired.Justice Khanwilkar: In view of the above we hold that there is no need to interfere with the scheme propounded by CBSE and ICSE. It takes into account concerns of all students. Both writ petitions are being disposed off..Advocate Prashant Padmanabhan: We are holding class 11 exam Justice Khanwilkar: Only Kerala wants to continue? Padmanabhan: Andhra Pradesh too. We will go ahead with the exam following protocol..Advocate Mahfooz Nazki: Class 10 exams are based on grades hence we will not be able to assess. We believe we can hold the exam in first week of July. We have no control over internal exam Justice Khanwilkar: if you cannot hold exam in July?.Nazki: Then we will choose the lesser evil Justice Khanwilkar: Take a decision and file an affidavit. Don't keep it uncertain. How many students in your state? Nazki: there are 5 lakh students, max 15 to 20 students in an exam hall. We will file an affidavit.Justice Khanwilkar: Last-minute cancellation should not be there. Take a decision and file an affidavit..Adv Nazki: We will file an affidavit in two days .Justice Maheshwari: You cannot keep the things hanging on fire. If you are so confident than all other states then let us have your reasons too. Justice Khanwilkar: If there is one fatality we will hold state of AP responsible for it.Justice Khanwilkar: We have gone through the affidavit of Kerala. We will pass orders after two days.Advocate S Rajappa appears for NIOS : we have cancelled the exam SC: State of Kerala has filed affidavit stating that a decision to conduct 11th exams has been taken, AP Govt says appropriate decision will be taken by states and be put on affidavit by tomorrow. List on June 24.Supreme Court hears appeal by National Independent Schools Alliance (NISA) against a Delhi HC order in a challenge against CBSE policy with regard to standard 10th students SC: Approach the division bench of HC. Liberty to the petitioner to approach high court

[CBSE, ICSE Class 12 exam] LIVE UPDATES from Supreme Court on plea against assessment policy, petition against cancellation of exam

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