Thread by @barandbench

[Class 12 Exams amid COVID-19] 

Supreme Court to shortly hear a plea by @anubha1812 seeking to cancel state board Class 12 exams amid #COVID19 & be on par with CBSE & ICSE students

#SupremeCourt @AdvMamtaSharma #StateboardExams

Supreme Court was informed on Monday by the States of Assam, Tripura and Punjab that they have cancelled Class 12 State Board exams in view of the ongoing COVID-19 situation.

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However, Andhra Pradesh (AP) government informed #SupremeCourt that it will conduct State board examinations for class 12 students in physical mode since there is no other alternative in the state @ysjagan #apboardexams

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All rest of the states have cancelled their class 12 exams.

#SupremeCourt to hear arguments against Andhra govt's decision to conduct physical board exams today

Bench of Justices AM Khanwilkar and Dinesh Maheshwari will commence hearing at 11 am.

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Matter to commence now
#supremecourt #APboardexams #stateboardexams @ysjagan @AdvMamtaSharma @anubha1812 #keralaexams

Adv Shashibhushan Adgaonkar: Andhra has not cancelled 12th exams and kerala has not cancelled 11th exams

#supremecourt #APboardexams #stateboardexams @AdvMamtaSharma @anubha1812 #keralaexams

Adgaonkar: NIOS has cancelled 12th but another category of on demand has not been cancelled or assessment policy is not out

Justice Khanwilkar: that we follow they have to do it independently

#supremecourt #APboardexams #stateboardexams @AdvMamtaSharma @anubha1812 #keralaexam

Adgaonkar: we pray that all states who have cancelled should have uniform scheme of assessment

Justice Khanwilkar: please don't spell out the rules. it cannot be uniform across India. Each board will devise such scheme as they are the best judge

#supremecourt #APboardexams

Justice Khanwilkar: there cannot be uniform scheme across India

Adgaonkar: atleast a timeline for results for all boards

Justice Khanwilkar: we will observe that but each board is autonomous and independent

#supremecourt #APboardexams #stateboardexams @AdvMamtaSharma

Justice Khanwilkar: We will observe on the timeline for notifying the scheme

Adv Mahfooz Nazki appears for AP

SC: Each board will independently assess and notify but AP is not willing to cancel

#supremecourt #APboardexams #stateboardexams @AdvMamtaSharma @anubha1812

Nazki: With great difficulty we arrived at the decision. Class 12 is a significant exam

Justice Khanwilkar: exams will be end of July?

Nazki: it can be earlier too

Justice Khanwilkar: but what about results and admissions that cannot wait, specify the timeline clearly

Justice Khanwilkar: You have said not more than 15 to 18 students will be in room. have you worked out a formula for over 28,000 rooms to 34,634 rooms. is there a fall back formula

Nazki: we will utilise some govt building too. we have a formula

#supremecourt #APboardexams

Justice Khanwilkar: on what basis have you said this on affidavit that not more than 15 to 18 students will be in a 25x25 room. What are the fall back arrangements?

Nazki: we have the rooms my lord

#supremecourt #APboardexams #stateboardexams @AdvMamtaSharma @anubha1812

SC: We need this information on affidavit and that this info was available before filing the earlier affidavit

Justice Maheshwari: now in affidavit you say you endeavour to tentatively hold the exam in end of July. this is not certain. it appears no decision has been specifically has been taken you

SC: how can you risk the lives of students. we are not satisfied with your reply. But explain the safety and covid protocol arrangements. Second covid wave is different. we accept your reply but specify this. what if rooms are without ventilation. we have to be convinced

Justice Maheshwari: entire infrastructure and logistical arrangements have to be made

Justice Khanwilkar: for 34,000 rooms you need 34,000 support staff. just saying holding exam is not enough. you have to take responsibility of students and support staff.

Nazki: 50,000 employees have already been identified and we are ensuring all the employees as such will be vaccinated before the examination

Justice Khanwilkar: for 5,25,000 students and 34,634 rooms then where are you getting these well venitlated rooms. you should have a plan regarding this

Nazki: we will place all the calculations on record on number of rooms to ensure how student and staff is protected

Justice Khanwilkar: don't start gathering the information now

Nazki: It is already done. we will seek instructions and share the data

Justice Khanwilkar: alternate days of 11th and 12th exam cannot be there. there should be exams at a time. give us the break up

Justice Khanwilkar: if you dont submit the data then we may have to direct you to not conduct the examination. all states have cancelled. Maharashtra, Kerala and others too. Now there is a #deltaplus variant too

Justice Maheshwari: we are not here for counselling. we know as a responsible govt you are concerned about health and safety of student and staff. if there is a conscious decision then where is that file and who took that decision. what was the background.

Justice Maheshwari: its not the Q of exam but health and safety of all.

Justice Khanwilkar: we saw what happened in second wave and everything was over in 10 days. Who will be responsible for the students? if you are going to cancel at the end then why not today??

Adv Nazki: I will discuss your concerns with the authorities again and file an affidavit

Justice Khanwilkar: we will direct the UGC to give a cut off date for declaration of board results.

Justice Khanwilkar: just because you have not completed exam they cannot be denied admission any one fatality you will be held responsible. quantum will be defined later. there are states which are giving 1 crore compensation for one fatality. so decide all this

Justice Khanwilkar: we want a snap shot of the decision taken by the authorities where everything was concerned.

Justice Maheshwari: this is not about 5 lakh students but also 1 lakh added to it through staff etc. what is the contingency plan if you see there are problems

Justice Khanwilkar: now a third wave of covid19 is anticipated

Justice Maheshwari: no one is here to prove anything. just because you can hold the exams it cannot be so

Justice Khanwilkar: look at the international experience how the covid unfolded where it spread in conference

Justice Maheshwari: examine it from 360 degree angle and come out with a concrete plan and then hold it if you wish to

Nazki: there is no way how we can evaluate the students since we have no control on internals

Justice Khanwilkar: averaging of marks is a practice. take inputs from CBSE, ICSE and UGC. Take experts and find a solution. every problem has a solution

Justice Maheshwari: this is not a problem for which there can be no solution

Nazki: we will try to do it again.

IMPORTANT: Justice Khanwilkar: Unless we are convinced that you are prepared to conduct exam without any fatality till then we will not allow it. when others have cancelled you cannot hold it to show you are different only. a commitment which you are making we are not convinced

Justice Khanwilkar: show us the file recordings of the decision. You cannot keep the students hanging. share the information and snapshot

Nazki: Please have it on Monday

SC: either you take a decision so that students can study and take a call. we will have it tomorrow

Matter for Kerala Class 11th begins:

Adv Prashant Padmanabhan appears for students: we do not want the examination

Justice Khanwilkar: what we said for AP equally applies for you ( to counsel for state of kerala)

Justice Khanwilkar: an alert has been issued for your state. You must be aware of it.

Adv G Prakash appears

Justice Khanwilkar: when will the results and declared and how will the admissions take place ??

Adv G Prakash faces a technical glitch (audio issues)

Justice Khanwilkar: we will have the matter tomorrow. What we said for Andhra Pradesh applies for you too. Please submit a plan. Your affidavit is not acceptable to me

Technical glitch at the end of Adv Prakash continues

Justice Khanwilkar: try and interact with us on phone or smart mobile?

Justice Khanwilkar states the matter will be taken up tomorrow afternoon and Kerala and AP cases will be examined

Justice Khanwilkar: for kerala the date of Sept is unacceptable

Adv Prakash: Class 11 we have conducted the practicals in the month of April and the results are going to be announced.

Justice Khanwilkar: if you can work out a solution do it by tomorrow and if there is any fatality we will hold you responsible

Justice Khanwilkar: how about the admissions?

Prakash: the admissions are for 2022. Then how can the admission for this year be hampered

Justice Maheshwari: class 11 exams has no bearing on future admissions. (to petitioners)

Adv Padmanabhan: but this marks will have to calculated with class 12 exams for admissions

Justice Khanwilkar: but it can be held later too because admissions are later

Adv: class 12 classes have already started online in a channel like system where they cannot ask questions

Justice Khanwilkar: This exam can be in September, october and before march 2022 since its 11th std exams

Padmanabhan: PM had announced that consultations was made and exam was cancelled

Justice Khanwilkar: it was for CBSE

Adv: covid cases are high in kerala

Justice Maheshwari: this is class 11. it is indicated that this exam will be conducted in September or October. this is because future admissions is after class 12 results. class 11 people will appear for class 12 next year this exam has no bearing on future prospect

Justice Khanwilkar: Your marks will be taken into account in 2022

Padmanabhan: students are anxious, they are in class 12 and suddenly they have to break this chain and study for 11. the combined marks are required for the admissions

Padmanabhan: students are confused whether to study for class 12 or study for class 11

Justice Khanwilkar to Adv Prakash: he is saying in the midst of class 12 preparing for class 11 exam, there will be distraction.

Prakash:12th exams will be in March next year. they have already prepared for 11th exams

Justice Khanwilkar: discuss with experts and give us a timeline and one clear month on when the exam will be held. There should be some assurance to students

Prakash:I will get instructions

Padmanabhan: Not even one days offline class was there. we need three months for the 11th exams at least

Justice Khanwilkar: have you appeared for 11th? yes right? do you need three months? you had a year.

Padmanabhan: there is cut throat competition. ther is only a channel for studies. digital divide is also there for rural students

Justice Khanwilkar: you cannot say give me three months, if you have not studied for whole year we cannot help you.

Padmanabhan: let state of kerala file an affidavit saying all portions have been taught

Justice Khanwilkar: we will send this matter to the high court. let them decide. we will not decide 11th std exams. we are only looking at 12th.

Adv G Prakash: 12th exams for Kerala has already been conducted

Justice Khanwilkar: its okay. Le this be decided in High Court

Dr Monika Gusain: It has been said that boards should have an uniform scheme, our scheme in Haryana is different Than CBSE

Justice Khanwilkar: we have clarified that we will not allow any uniform scheme.

#supremecourt #haryanaexams

SUPREME COURT ORDER

SC: State of AP has filed an affidavit saying the class 12 exams will be held. For Kerala issue is limited to 11th std exams. State of Kerala has already conducted 12th exams in April, 2021.

SC: In the present proceeding we are only on grievance regarding 12th exams of respective boards. Resultantly we do not wish to examine the grievance of Kerala students who has grievance regarding 11th std exams. Students are free to file writ in Kerala HC

SC: Kerala HC to decide case on own merits. Counsel for AP seeks time to file affidavit on matters which was discussed during arguments. let this matter be listed tomorrow at 2 pm.

#supremecourt

SC: State of Assam informs 10th and 12th exams are canceled. the internal assessment scheme to be formulated expeditiously. The scheme to have a student dispute redressal mechanism like in CBSE and ICSE

SC:State of Haryana requests that state boards be give autonomy to formulate their own assessment scheme, we have no problem to accept this. but we make it clear that we are not endorsing the correctness and validity of the schemes and that may have to be decided when cases arise

SC: NIOS has canceled the exam and is in the process to formulate a scheme. we direct that scheme is formulated and notified not later than 10 days from today and also declare the results by July 31, 2021 in reference to our order in CBSE and ICSE matter

Adv Agaonkar: NIOS has cancelled the public exam. the on demand student exam has not been cancelled

SC: That is not required to be cancelled. its on demand and if you don't demand it will not be held.

Adgaonkar: this year students who gave choice their exams are not cancelled

SC: That exam cannot be cancelled. Its an on demand examination.

Matter to be taken up tomorrow at 2 pm..

Matter over for today

#supremecourt #boardexams @anubha1812 @AdvMamtaSharma

"Unless we are convinced we will not allow you to conduct State board exams for class 12:" Supreme Court to Andhra Pradesh

Report by @DebayonRoy

#SupremeCourt @ysjagan #apboardexams2021 @anubha1812 @AdvMamtaSharma

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