New Delhi: The Centre on Tuesday told the Supreme Court that there cannot be any uniform assessment policy for all board examinations, which includes those of the CBSE, the ICSE and the state boards.
Attorney General K.K. Venugopal, representing the Centre, told a bench headed by Justice A.M. Khanwilkar that all boards are autonomous bodies, and empowered to formulate their schemes in connection with the assessment of Class 12 students.
He told the top court that the life of each student is protected by Article 21 of the Constitution, and it is not safe or prudent to have a written exam amid the ongoing pandemic. "Students cannot be compelled to take examination during the pandemic. For example, if something happens to a student, then his/her parents will sue the board," Venugopal said.
The AG said this situation has arisen for first time and the boards had to innovate and think of the students' best interest. He added that 13 experts have put their heads together and has been approved by the CBSE.
The Centre also informed the top court that students will be given an option, that is, if they are not satisfied with the assessment, then they can opt for the exam.
The CBSE on Monday informed the Supreme Court the optional examinations for Class 12 students, unsatisfied with its assessment criteria, would be held between August 15 to September 15. The exams would be conducted if the environment is conducive against the backdrop of the ongoing Covid-19 pandemic.
"CBSE, CISCE Class 12 Board Results Will Be Out By July 31"
The CBSE and CISCE boards have told the Supreme Court that class 12 board examination results would be declared by July 31 and the students, desirous of taking up the board examination physically of CBSE can do so between August 15 to September 15, subject to conducive pandemic situation.
The CISCE said its students can take improvement examinations which may commence from September 1, subject to the situation remaining conducive.
In affidavits filed by the both the boards before the top court, they have said that as per the scheme the results for Class XII Board Examination 2021 shall be declared by July 31.
The apex court was told by both Central Board of Secondary Education (CBSE) and the Council for the Indian School Certificate Examinations (CICSE) that they have amended their respective evaluation scheme to assess Class 12 students and incorporated a dispute resolution mechanism for the candidates who have any objections with regard to the results.
I further say that regarding the date before which the optional examination for the candidates who are not satisfied with their assessment with the policy, the examinations for such candidates shall be conducted any time between August 15, 2021 to September 15, 2021, subject to conducive situation, said the affidavit filed by Sanyam Bhardwaj, controller of examinations in CBSE.
The CISCE in its affidavit said, The CISCE will endeavour to hold the improvement examinations as expeditiously as possible after the declaration of the results. Subject to the situation remaining conducive and stable and declaration of results in a timely fashion, the improvement examinations should commence before September 1, 2021 ..
The CBSE said it has incorporated a clause which said that the dispute with regard to computation of results will be referred to a Committee constituted by the board.
It said that the scheme has been further amended to say that after declaration of result, if the candidates are not satisfied with their result, CBSE will provide online facility for registration for the examination.
The CBSE said that it has complied with the direction given on June 17 by the top court which asked it to provide for a dispute resolution mechanism, in case the students apply for correction of the final result declared by the CBSE.
The apex court had also directed the CBSE to specify the timeline for declaration of the result and the date before which the optional examination will be conducted, subject to conducive situation and logistical constraints.
Examination will be conducted by the board only in the main subjects as and when conditions are conducive for holding the examinations. However, the marks obtained by a candidate in this examination will be treated as final for those who opt to take this examination," the CBSE said in its affidavit.
With regard to private or second chance compartment candidate, the CBSE said that there examinations shall be conducted in such a manner so that they will fall within the assessment policy for the academic year 2019-2020 as approved by this the top court last year and, their results shall be declared in accordance with the said assessment policy.
Their examinations shall also be conducted anytime between August 15, 2021 to September 15, 2021, subject to conducive situation, the affidavit said.
Similarly, CISCE has also filed an affidavit in the top court saying that it has complied with the direction and amended its assessment scheme for Class 12 students.
It said that the CISCE will endeavour to publish the results as expeditiously as possible, subject to the situation remaining conducive and stable, the results will be published on or before July 31, 2021.
The CISCE said that in the event of a student having objection(s) regarding computation of marks in the result; she/he may make a written application to the school concerned, stating the objection in detail along with reasons thereof.
The Head of the School concerned will review the application, and only upon being satisfied with the contentions made therein, forward the same to the CISCE along with her/his comments/remarks endorsing the contentions made and documents supporting the opinion regarding the computation of marks , it said.
It added that no application will be entertained by the CISCE unless it is forwarded by the Head of the School concerned and is being sent to the CISCE within seven days of declaration of results.
Applications sent after the expiry of 07 days from the day of declaration of results will not be entertained, the affidavit filed by Gerry Arathoon chief executive and secretary of CISCE clarified.
It said that the CISCE will then review the application, the supporting documents and the Head of School's comments/remarks and convey its decision to the concerned School, in writing. In case the result needs to be altered, the CISCE will notify the Head of the School concerned , it said, adding that the CISCE will appropriately appoint an in-house committee for the dispute resolution mechanism.
It is made clear for the avoidance of doubt that the Recheck of Answer Scripts is not applicable for the ICSE/ISC Year 2021 Examinations. This dispute resolution mechanism is only for the correction of calculation errors, the affidavit said.
(With PTI Inputs)