SC refuses to direct CBSE to disclose answer keys
A vacation bench of justices B S Chauhan and Swatanter Kumar dismissed the petition filed by some of the students and asked them to make representation before the board in this regard.
Advocate Somesh Arora, appearing for the students, contended that on the line of IIT-JEE, the answer sheets of the examination should be declared prior to the declaration of results.
The court, however, was not convinced and asked the petitioner to approach the board which will consider their representation immediately. .
The apex court had earlier dismissed the petition filed by some students and a retired professor of NIT Jamshedpur, A P Sinha, seeking its direction to the government for re-conduct of the test.
Refusing to scrap the test conducted by the CBSE in two rescheduled phases after the paper was leaked, the court had allowed the board to declare the results.
The petitioner had submitted that many students on May 1 could not appear in the test which was rescheduled and a single merit list could not be made on the basis of two separate examinations.
"Two separate examinations are not envisaged at all for a single merit list based on performance. Deviations leave the process illegal, unjust, unconstitutional, arbitrary and clearly against fundamental rights of equality of all the candidates," the petitioners had said.
The court, however, was not impressed by the argument and said that around 10 lakh students had appeared for the test and they would suffer because of fresh examination.
A group of AIEEE candidates, who had appeared for the exam after a delay of three hours due to question paper leak on May 1, had sought cancellation of both the examinations (1st and 2nd phases) on the ground that the students were compelled to give the exams under adverse conditions and circumstances, which were violative of fundamental rights.