Thread by @barandbench

Bench led by Chief Justice Dipankar Datta of #BombayHighCourt is hearing the petition assailing the decision of boards to cancel Class 10 examinations.

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@CMOMaharashtra

Advocate General Anil Kumbhakoni informs the Court about the hearing in Supreme Court.

AG: It was informed to the Court that Class 12 exams are cancelled. They gave 2 weeks time to come up with evaluation criteria after cancelled exam.

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AG: From the live reporting we note that the Court was happy with the decision like last year.

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Court: And who are you?

Adv Uday Warunjikar for the petitioner: I am a retired professor.

Court: But where is this written?
In the particulars of the petitioners, you have mentioned particulars of the respondents.

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Court: What work have you undertaken during your tenure as professor?

Warunjikar: If this is required, I will bring the details.

Court: Why was this not present from the beginning?

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Warunjikar: This was not a objection raised by the Bench before.

Court: Ok, let us not get into technicality. Otherwise this petition will have to be thrown out.

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CJ Datta: Tell us why should the tests be held, and if they are held and student community is affected, who will bear responsibility?

Warunjikar: Give me 10 mins to make my case..

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Justice Kulkarni: The CJ has put a question to you, you will answer that first!

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Warunjikar: The petitioner is not a position to take responsibility.

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Court: you are against automatic promotion of students. Is the situation now graver than last year? The second wave was more lethal. All over the country, states have cancelled exams. You have to show us how the public is affected b the policy decision?

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Court: Whether exa should be held or not is a policy decision. When the executive has taken decision, just because we think it is not good policy, we cannot interfere. Show us the arbitrariness.

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Warunjikar points out that different boards will come up with different formulas about the declaration of results without conducting any examination.

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Court: In view of subsequent decisions, there are two issues now before us.
1. Was govt right in cancellation of examinations?
2. What is the mechanism for evaluating?

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AG: There are Class 11 colleges in our state, high sought after, where all board students apply.
CBSE and ICSE have Class 11 in their board, so they continue with their school.

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AG: Sometimes when they want to change their stream, they want to change and come to our Class 11 which is continuation from SSC. So at a time, we have three boards coming to us.

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AG: CET is an option for students for premium colleges. If I am aspiring to go to a prestigious college, then admission will be on CET score.

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Court: You are saying you are going to hold this CET for admission in Class 11. And students will be promoted based on whatever criteria you will come up with?

AG: Yes.

Court: Then what is the issue? (to Warunjikar)

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Warunjikar: There were multiple petitions filed for coming to a formula for evaluating a formula.
Merely passing them is not the solution.

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Warunjikar: If CBSE and ICSE are in tune with SSC then this issue ends, but then the different boards of different states are taking their stand.

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AG: In the GR there is no bifurcation about the boards. Students from any board can appear for CET for getting admission in prestigious colleges in this state. The idea is to bring all students on the same platform.

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Warunjikar: Then the second issue is about promoting students. The same has to be based on the some internal assignments. Schools could open only in November 2020. They could not conduct practical examinations, internal assignments.

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Warunjikar: Schools do not have infrastructure to conduct online exams.
If they can conduct these exams after the GR, then why not just take the exam?

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Court: Wait you are saying, come and take exams physically?

Warunjikar: This is what their GR says. They are saying take practical exams for science subjects.

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Court: But this will be in batches right? How can this be compared by allowing congregation of students coming to the exam hall at the same time?

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Court: And it is optional, not everyone has to give the exam. Only those who are concerned with the final result.

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Court: Mr. Warunjikar, your issue now remains on the consequence of cancelling the examination which is the CET and the two government resolutions issued. If you wish to challenge the second GR on evaluation, the you have to come with a substantive petition.

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Court dictates order:

In the course of the hearing, we have heard the AG. He has submitted that irrespective of the board, students who wish to take the CET may do so. His statement is accepted.

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Order:

Liberty is granted to the petitioner to challenge the GR on the evaluation.

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Court: And Mr. AG, there are some Govt Resolutions that can be challenged. When you know there is a GR that will be challenged, please ensure an English translation is available and uploaded.

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Court: We encourage local languages, but a prospective challenge has to be taken into account.

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Hearing ends. Petition dismissed as withdrawn.

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