1,152 Class XII students across the country have approached the Supreme Court for cancellation of CBSE Class XII 2nd chance compartment/private examination in physical mode and also sought a direction to the CBSE board to arrive at a formula for performance evaluation in line with the assessment formula adopted by CBSE and other education boards for the regular students and to release the results in a time-bound manner. 

The petition filed through advocates Manju Jetley and Abhishek Choudhary submitted that keeping in view the safety, health and well being of all the private/compartment/repeaters candidates of Class XII CBSE Board examination 2021, their parents and family members, teaching faculty, and all stakeholders, the notification issued by CBSE calling off the Class XII Board Examinations, owing to the prevailing Covid-19 pandemic situation in the country, should be given widest interpretation so as to include all categories of students. 

The petition says Clause 29 of the CBSE alternative evaluation policy specified the examination will be conducted for 2nd chance compartment/private candidates etc., by the board as and when the conditions become conducive for the conduct of such examinations.  

But the petition says: “Owing to the prevailing Covid-19 situation in the country, it cannot be conclusively said, as to when exactly we will be able to have such conducive environment necessary for the conduct of physical mode examinations”. 

The applicants have submitted that “if their examinations are delayed beyond reasonable time till a conducive environment is achieved in order to conduct the examination, they will not only lose the opportunity to apply and seek admission in these universities/colleges but they will also be denied their fundamental right to education.” 

The application has also highlighted the dual and arbitrary approach taken by the CBSE in giving unequal treatments to the private/patrachar/2nd chance compartment candidates of Class X and XII. Earlier, the CBSE declared that, for Class X, a separate scheme for the assessment will be announced soon for private/patrachar/2nd chance compartment candidates. 

The applicants have also said that “the decision to conduct private/compartment/repeaters examination of Class XII CBSE Board candidates would endanger the life of lakhs of students, who would be forced to appear in this physical-mode-board examination, which would clearly violate their ‘right to life and health’ as guaranteed by Article 21 of our Constitution”. 

Speaking to Times Now, Abhishek Choudhary, the advocate for the Interveners and a Supreme Court lawyer, said that, the present situation is not conducive for conducting any type of physical mode examination, for any class of students.

No one can say the exact date when the situation would be conducive, and, therefore, we have approached the Hon’ble Supreme Court seeking appropriate reliefs in the interest of the students.