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Supreme Court, NIOS logo
Litigation News

National Institute of Open Schooling Exams: Supreme Court directs NIOS to declare results by August 7

The Supreme Court noted that after the petition seeking cancellation of exams was filed, the NIOS, on its own volition, issued a notification declaring cancellation of exams so nothing remained for Court's consideration.

Shruti Mahajan

The Supreme Court today directed the National Institute for Open Schooling (NIOS) to declare its exam results by August 7 after taking note of the NIOS' circular declaring cancellation of remaining exams.

The Bench of Justices AM Khanwilkar, Dinesh Maheshwari, and Sanjiv Khanna took up for hearing plea filed by a student pursuing his Class XII from National Institute for Open Schooling (NIOS) seeking cancellation of exams amid COVID-19 pandemic.

The Court, in its order, noted that after the petitions seeking cancellation of NIOS exams came to be filed before the Supreme Court, the Institute, on July 10 issued a notification canceling the remaining pending exams. Therefore, nothing remained for the Court's consideration.

NIOS Notification.pdf

However, a definite timeframe has been laid down by the Court for NIOS's declaration of results and the Court has said that the results must be declared by August 7.

"...respondent No.1 (NIOS) must ensure that the result for the current academic year is declared not later than 7th August, 2020. In other words, the time-line for declaring the results by respondent No.1 (NIOS) is now specified as 7th August, 2020."
Supreme Court said

The petitioner had, in his plea, sought directions from the Supreme Court for the NIOS to cancel the remaining exams for Classes X and XII and declare the results in a manner similar to the way CBSE and ICSE were permitted to do or alternatively for the NIOS to devise a system for the special needs students of NIOS.

On account of the COVID-19 pandemic, some papers remained pending which were earlier scheduled to be held on specified dates in July and August but came to postponed indefinitely. The petitioner highlighted the risk in conducting the exams at a time like this.

"It is submitted that conducting the examination during the pandemic poses grave danger to the health and lives of the students, their families and the community at large."
the petition states

The petitioner further pointed out that owing to the critical health crisis faced by the country due to COVID-19, the CBSE as well as ICSE devised a system for declaration of results and the same was permitted by the Supreme Court.

This step by various Boards helped the students who have applied for higher education in Universities not just in India but also abroad, it is noted.

Writing the exams in the midst of a pandemic which is only surging daily would pose a severe health risk to the students, the petitioner highlighted in the plea. At the same time, declaration of results is just as crucial for the future of these students, it was submitted.

Therefore, the petitioner had prayed for NIOS to be directed to not just cancel the pending exams but also to declare results of students.

The petitioner was represented by Advocates Amit George, Arunabha Ganguli, Kilaru Dileep, Prerna Singh with AOR Guntur Pramod Kumar as well as Advocates Gunjan Singh and Satya Mitra.

Respondent was represented by Advocates S. Rajappa and B.R. Gowrishankar.

Read Order:

Neil Varun Namburu vs NIOS - 15.07.2020.pdf
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