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CBSE & ICSE Improvement Examination Schedule Recorded, Petition for Fee Refund Dismissed: SC

CBSE & ICSE Improvement Examination Schedule Recorded, Petition for Fee Refund Dismissed: SC

30.08.2021 | Education News | EduLegaL | www.edulegal.org | mail@edulegal.in

5th August 2021, the Supreme Court of India in Association of Private Schools of Uttar Pradesh and Anr. V. Union of India & Others[1]CWP No. 743 of 2021 – while hearing a writ petition filed by the Association of Private Schools of Uttar Pradesh, allayed the apprehension of students and recorded in its order, the schedule for conducting exams for Improvement/Compartment/Private/Patrachar students of Class XII and Class X, as submitted by the respondents Central Board of Secondary Education (C.B.S.E.) and Indian Certificate of Secondary Education (I.C.S.E.), in the separately filed affidavits.

The bench comprising of Hon’ble Justices A.M. Khanwilkar and Sanjiv Khanna observed:

“In Light of this assurance given by the two Boards, nothing more needs to be done regarding the apprehension of the petitioners and similarly placed persons about the uncertainty in conducting examinations and declaration of results thereof by the respective Boards”

Schedule Indicated in Affidavits:

ICSE Schedule for ‘improvement exams’:

  • 04.08.2021: The Candidates should register themselves for the improvement examinations with the Board by August 4, 2021
  • 5/6.08.2021: The Board will declare a detailed examination schedule by 5th or 6th August 2021.
  •  16.08.2021: The improvement examinations shall commence on August 16, 2021.
  • 20.09.2021: The results for the Improvement Examinations shall be declared around September 20, 2021.

C.B.S.E Schedule for conducting exams for Improvement, Compartment, Private or Patrachar Students of Classes XII & X:

  • 10.08.2021 CBSE Portal will be opened for Students for registration.
  • 10.08.2021 Circular will be issued by CBSE declaring the Date Sheet for Exams.
  • 25.08.2021 Commencement of Exams.
  • 15.09.2021 Completion of Exams with last Paper.
  • 30.09.2021 Date for declaration of Results.

The Court noted that with the issuance of the above affidavits, the concerned Boards have provided assurance and alleviated the uncertainty surrounding the aforesaid examinations and declaration of results by the respective boards.

The petitioners additionally put forth the matter of the Result Committee not informing the students about the extent of reduction of their marks.  The respondent party – CBSE, on this subject, informed the court that they will issue instructions to the schools registered under the Board to notify the internal assessment marks, highest average in the preceding three years and the marks assigned by the Result Committee on case-to-case basis. This arrangement, the bench noted, would redress the grievance of the petitioners.

Further, the bench also rejected a prayer submitted by the petitioners directing the Boards to refund the examination fees collected by the students in respect of examinations that were cancelled.

The bench added:

“The argument though attractive at the first blush needs to be rejected. For, the explanation offered by the boards on affidavit about their inability to refund the stated amount having spent the same for preparatory work and for making logistical arrangements for conducting the examination which had to be cancelled at the last minute, commends to us. Hence, this issue raised by the petitioners does not merit consideration.”

Concluding, the Court disposed of the writ petition and recorded in its order dated 5.08.2021, the schedule for conducting for Improvement/Compartment/Private/Patrachar exams as provided by the CBSE and ICSE.

[1] https://main.sci.gov.in/supremecourt/2021/15138/15138_2021_34_1_29000_Order_05-Aug-2021.pdf

Nidhi Nair | Research Intern | EduLegaL

Swapna Iyer | Legal Editor | EduLegaL

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