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Supreme Court issues notice to ICSE in plea seeking adoption of CBSE's re-assessment option for failed 9th and 11th standard students

On May 13, as a one time measure in an extraordinary situation, CBSE decided that all the failed students of 9th and 11th will be provided an opportunity to appear in a school-based test again.

Debayan Roy

The Supreme Court today issued notice to the Indian Certificate of Secondary Education (ICSE) in a plea seeking opportunity of re-assesment and promotion of ICSE students who failed 9th and 11th standard by adopting the option given by the Central Board of Secondary Education (CBSE) in view of the COVID-19 pandemic.

The plea was moved by a minor petitioner of Class XI through Advocate Alakh Alok Srivastava.

Former Solicitor General Ranjit Kumar, appearing for ICSE ,accepted notice issued by the Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna.

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 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.

The plea 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 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 ICSE student prays for the Board to adopt.

During an earlier hearing in the matter related to cancellation of Board exams, the Supreme Court had also granted the ICSE the liberty to follow the decision taken by the CBSE, with necessary changes.

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