No re-test or grace marks for promotion from XI to XII says ICSE, Supreme Court dismisses plea seeking re-exam

The Indian Certificate of Secondary Education (ICSE) informed the Supreme Court on Tuesday that it could not permit re-examination or awarding of grace marks to enable promotion from standard XI to XII..Agreeing with the stand taken by ICSE Board, the Bench of Justices AM Khanwilkar, BR Gavai and Krishna Murari stated that the question for issuing directions contrary to the ICSE rules does not arise. .The Court had earlier issued notice to ICSE in a plea seeking opportunity of re-assesment and promotion of students who failed 9th and 11th standard exams by adopting the option given by the Central Board of Secondary Education (CBSE) in view of the COVID-19 pandemic..Supreme Court issues notice to ICSE in plea seeking adoption of CBSE's re-assessment option for failed 9th and 11th standard students.On the petitioner's argument that the CBSE had allowed such a re-test, it was not possible for it to order ICSE to do the same as it "is not open to issue a writ to direct the respondent-Board to follow the norms specified by some other Board."."Suffice it to observe that at this distance of time, if any direction is issued to the respondent-Board it may give rise to more students similarly placed setting up their claim for similar indulgence. That may result in impacting the academic year which has already commenced from June, 2020 and one semester whereof is almost completed."Supreme Court.The petition was moved by a minor petitioner of Class XI through Advocate Alakh Alok Srivastava..The plea states that if the ICSE does not adopt the resolution adopted by the CBSE on May 13, then many 9th and 11th grade students will be deprived of the right to equality as guaranteed under Article 14 of the Constitution.The petitioner has prayed that since there is a delay on the part of the ICSE to adopt the CBSE notification of May 13, the petitioner may be directly promoted to Class XII, especially since COVID-19 infections are on the rise..It further states that "at such a difficult time, all stakeholders will have to make joint efforts to relieve students from stress and to help them to mitigate their anxiety.".On May 13, in view of the requests made by parents and students, and as a one time measure in an extraordinary situation, CBSE decided that all the failed students of 9th and 11th standard will be provided an opportunity to appear in a school-based test again.It was decided that an opportunity will be extended to students irrespective of whether or not their examinations have been completed and the exam results have been released.It is this notification that the student prayed for the ICSE Board to adopt..[Read order]