CBSE and ICSE boards to inform Supreme Court the criteria to be adopted to assess the Std 12 students since the board exams were cancelled due to #COVID19 pandemic
#SupremeCourt will also hear a plea seeking the cancellation of state board exams 2021 on June 17. Plea by @anubha1812 states that more than 1.5 crore Class XII students across the nation including State Boards and conducting offline examinations of millions of students
Plea on CBSE, ICSE assessment for Class 12 students; Petition to cancel State Board exams: LIVE UPDATES from Supreme Court
Justice Khanwilkar: we have the scheme before us formulated by CBSE and ICSE. Then we will interact with the applicants.
Senior Adv Vikas Singh: I am in favour of the exams.
SC: You want to appear as per the scheme you can whenever you wish
Justice Khanwilkar: the scheme is placed before us on affidavit. As last year if students are not happy with assessed marks they can appear for an exam. that option is available to improve your marks
Singh: The scheme by CBSE is not in public domain. cases have decreased to 60k
Singh: can we please have the scheme.
Justice Khanwilkar: it is there on affidavit and is before us
Singh: It is not served to us, petitioner has no locus. they are neither parents or students
Attorney General KK Venugopal appears for Union of India: Situation what CBSE and ICSE had to face is unprecedented. CBSE has been there from 1929 and we had to innovate so that we are fair to the students. Committee of 13 experts was put together. Policy is explained in detail
Justice Khanwilkar: please forward the affidavit to Mr Vikas Singh and others in the meantime
AG Venugopal: Students will be able to get a certificate like an in person examination. We have produced a system where performance of students in each subject is reflected. CBSE has taken class 10, 11 and 12. 10 is board exam but subjects are different from 11 and 12
AG: They have taken 5 main subjects and best of the three and that is averaged out and the single number is arrived out. This is so far as class 10 is concerned. For class 11, unit exam, term exam and final exam taken into account, marks are deduced and averaged out.
AG: For 12th students, there are practicals. we will take 30 percent from 10th, 30 percent from 11th and 40 percent from 12th. that's is how their marks will be arrived at. #supremecourt
AG explains the marks distribution by elaborating on a hypothetical scheme of marks.
AG: Practical will be 100 irrespective of the other marks.
AG: There may be schools where the policy may be to give as high marks as possible to gain preference over other schools, there is a reasoned committee for each of the thousands of schools.
AG: The result committee comprises of two of the most senior most teachers. If necessary, an expert will be invited.
AG: This committee will be the moderation committee. 3 years back there would not have been the anxiety to push the child to get certain marks. This is also because of the schools which try to get more marks than other schools #supremecourt
AG: The historical performance of the school, in terms of the best overall performance in the previous three years’ Board examination, will be taken as the reference for moderating the marks assessed by the school for 2020-2021.
AG: The subject wise marks assessed by the school for 2020-2021 should be within a range of +/- 5 marks obtained by the students in the schoolin the subject in the reference year.
AG: However, the overall average marks for the school assessed in 2020-2021, for all the subjects, should not exceed the overall average marks obtained by the school by 2 marks in the specific reference year.
AG: boards Policy for Qualifying Class-XII Examination
In case, any student is not able to meet the qualifying criterion, he/she will be placed in “Essential Repeat” or “Compartment” Category.
AG: Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations.
AG: As per this policy, marks scored in later examination will be considered as final #supremecourt
Justice Khanwilkar: There is no mention of dispute resolution mechanism, after declaration of results, if there are disputes, there should be an in built mechanics, to address it. There were multiple writ petitions last year in that regard #supremecourt
SC: It should be built in scheme itself so that one does not have to look elsewhere
AG: A committee will be formed..
Justice Khanwikar: we want to know it will be a part of the scheme itself. So that students don't have to look elsewhere. Another issue is timeline about results declaration and outer limit for the exam which may be held
AG: No one has suggested the date when the situation becomes conducive
SC: way forward can be to take students number who are interested in appearing for the exam as most will be happy with the present arrangement. if number is small it can be held
AG: Declaration of result by CBSE will be by 31 July, 2021
SC: please put in the scheme
AG: We will do it
AG: number of suggestion may be made, we will note it down and consider them seriously. Let CBSE take a call into this
SC: your autonomy is there, you are free to take your own decision. expert body is looking into it, we are happy about that
Justice Khanwilkar: for dispute resolution and outer limit of date for the next exam should not be left to the committee #supremecourt
Adv Mamta Sharma: all important points have been covered. we have no objection.
Sr Adv Vikas Singh: there should be a physical examination, on the scheme we need two or three days to propose a note. However the internal exams of schools are non standardised. Ultimately only internal exam marks will determine the board marks and determine where they head to
Singh: CLAT is being held on July 23 and NEET too
Justice Khanwilkar: for CLAT, the number of students will not match the strength of CBSE students
Singh: lakhs there too. COVID peaked in may and today it is 65,000
Justice Khanwilkar: Those who want physical exams will be able to appear for one. The result in that will be binding if your marks in averaging is more
Singh: to take a this call or that call is a roll of dice
Justice Khanwilkar: you are comparing education with roll of dice?
Singh: for CLAT all students will have to wear double masks and people have treated covid patients with it
SC: we are not going to review the policy which has been presented before us. We will give timeline to conduct physical exam and then you can appear if you are so keen
AG: if this case is adjourned then every single channel will take this up and debate this
SC: We have made it clear that mandatory exam will not be held, a timeline is needed on the optional exam
AG: all 20 to 30 channels will have debates with 20 to 30 experts on this
SC: we have given in principle approval. We will keep it tomorrow for final orders. There is no rolling back on the cancellation of exams. we are only having it tomorrow for optional exam.
Supreme Court: we have rejected the submission that conduct an examination now and cancel the CBSE cancellation policy. no roll back on scheme
Singh: I will make submissions only on the scheme
SC: That is fine.
Dr Charu Mathur for Youth Bar Association agrees to the CBSE proposal @indlawyer #supremecourt
Sr Adv JK Das for ICSE begins: We have taken marks from class 10 board, project and practical works, performance in school examination and we have taken the best marks. We have taken average from past six years and not three years like CBSE
Justice Khanwilkar: Whereas ICSE has propounded a scheme somewhat different. (six years average and not three like CBSE). No prejudice will be caused to students who want to appear in this exam.
SC: @vikassinghSrAdv appearing for the parent's body submitted that decision of CBSE and ICSE to cancel exams be revised. After hearing parties we have no manner of doubt that this scheme be taken forward. we have in principle accepted the scheme.
SC Order: in any case students will get an opportunity to appear in an exam to improve their marks. Prima face we have no reservation to accept the same and permit the boards to proceed on this basis. scheme must incorporate two aspects.
SC Order: First is dispute resolution in case students want correction of final results declared. second is about timeline for declaration of results and the date before which optional exam be conducted.
SC order: since Mr Singh wants to preuse the scheme, we defer the final order till Monday, we clarify that it is only for suggestions on the scheme and the boards can proceed on the proposed scheme.
SC Order: CBSE and ICSE can notify their schmems incorporating the dispute resolution and timeline for results and optional exam
SC Order: Mr Singh proposes to give his note of suggestions before tomorrow on the scheme. we will hear the matter on Monday, June 20. Thus there is time to finalize the scheme and notify it.
Solicitor General Tushar Mehta appears for CBSE
Supreme Court records his appearence
NOW Supreme Court takes up the plea to defer all state board exams
Justice Khanwilkar: Are all states appearing? which states who did not cancel
Advocate: Assam, Punjab, Tripura and AP has not cancelled
SC: Serve their standing counsel
SC ORDER: out of 28 states, 24 states have cancelled the class 12 board examinations. 4 states have not cancelled namely Assam, Punjab, Tripura and AP. The petitioners to serve the standing counsel of these four states. We are informed Kerala has not cancelled class 11 exams
SC ORDER: Serve the standing counsel of Kerala too.
Supreme Court hears an urgent plea by the father of a 38 year old boy who was allegedly killed in a "staged fake encounter" and was subject to grievous torture in custody. Father seeks permission for autopsy #supremecourt
Adv Ishma Randhawa: Petitioner was asked not to open the body packing saying it was chemically treated. when it was opened back home there were multiple injuries. when a second post mortem was sought it was dismissed and hc dismissed it on basis of jurisdiction
Justice Shah: Cannot you approach Calcutta HC
Adv Randhawa: In this case, there is a conspiracy.
Supreme Court hears a plea filed seeking directions for waiving the final examination of final year Post-graduate Medical Residents & constitution of a Joint Expert Committee for examining and recommending on their prayers #supremecourt
Sr Adv Sanjay Hegde: Prayers 2,3,4 are still pending. this is not adverse litigation. These students are on front line of covid.
Justice Shah: See second prayer which survives. How can they be promoted without exams?
Justice Banerjee: How can we pass a direction like this? You can’t be promoted without exams in this case
Hegde: But i can be considered notionally and service benefits be given
Justice Banerjee: we need not pass orders. universities are not even a party to this case
One of the lawyers for petitioners says they went to NHRC which then forwarded complaint to top police official who the sends it to the local police station.
The local police then says you have to face consequences. It is a vicious cycle.
BJP candidate for 2021 elections Kashinath Biswas alleges ransacking and destruction of his residence.
Shows photos.
"Is this your house," Bench asks.
"Yes," his lawyer says.
Bench asks him to follow the procedure in terms of the order dated June 4 to lodge complaint.
CBI had raised preliminary objection to the petition in the previous hearing. However hearing was adjourned to permit intervenors to file appropriate proceedings and other parties to file their responses.
#SupremeCourt to hear appeals by West Bengal government and State Law Minister Moloy Ghatak challenging a June 9 order of #CalcuttaHC refusing to take their reply affidavits on record in the transfer plea filed by Central Bureau of Investigation (CBI) in the #NaradaCase
The plea states that the rights of the State government and the Law Minister shouldn’t be closed "especially when CBI has been allowed to file additional affidavits at different stages." @MamataOfficial@AITCofficial#supremecourt
The Calcutta High Court in its June 9 order had noted that, "they (CM, law minister and state) have waited for the arguments in the case to be substantially completed before seeking to place on record their pleadings in response." #calcuttahighcourt#supremecourt#naradacase