The Delhi HC in, SANYAM GUPTA v. CENTRAL BOARD OF SECONDARY EDUCATION held that the Assessment Scheme that was derived for students whose CBSE Board Examinations were canceled due to the pandemic would be applicable to improvement examination students as well. The said scheme was approved by the Supreme Court on 25th and 26th June 2020.
Facts
The petitioner is a drop-year student who appeared in 2020 CBSE improvement board examinations and due to the pandemic, a few exams got canceled. Petitioners through this petition basically sought that they should be treated at par with regular students for whom an assessment scheme was derived by SC.
CBSE on Assessment Scheme
The Court asked CBSE to reveal the minutes of meetings where an assessment scheme was derived for improvement exam students. CBSE said that the scheme for such students can not be akin to the scheme derived by SC. The counsel submitted that in such exams there are students whose marks are either increased or decreased and such student has to give up the marks already scored. Thus, if an order is passed directing en bloc that for canceled improvement examinations, the average of the best of the two improvement examinations’ score would be awarded, it may put the students, who may not even have appeared for the improvement examinations or whose examinations were canceled, at a severe disadvantage.
For such students, CBSE decided that they could retain their previous marks or give the improvement exams at a later stage when it is conducted.
Petitioner’s Argument
The counsel argued that if a mechanism was derived for the particular exams there was no point in holding a special meeting for improvement exam students. The counsel even questioned the meeting. He argued that despite the meeting taking place on 9th July, the results were not declared till 22nd July which shows minutes were not in existence though the result of regular students was declared on 13th July.
Amicus Curie
A Senior Advocate was appointed as the amicus curie who submitted that “There is no reason why the benefit which has given to regular students, ought not to be extended to the improvement candidates.” Such students, he stated, have sacrificed a year already and must not be deprived of the benefits given to regular students.
Analysis and Finding
Firstly, the scheme that got approved did not distinguish between regular students and students giving improvement exams. Secondly, Clause 44 of the CBSE by-laws and reliance on Poonam v. Guru Gobind Singh Indraprastha University and Nikhil Sharma v. Guru Gobind Singh Indraprastha University, it was observed that the students are entitled to rely upon the higher of the two marks, and neither marks are forfeited by the students. The court acknowledged the fact that students gave such exams for their academic growth and they could not be disregarded. The Court thus observed that such students are equally a victim of the pandemic as regular students and that the pandemic has affected one and all. It is not the fault of the students that they could not appear for the remaining exams. The Court while rejecting the distinction between improvement exam students and regular students held that “Assessment Scheme approved by the Supreme Court would also be applicable to Improvement students. Such students would also be entitled to avail of the scores as per the Scheme or appear for the optional examination whenever it is held by the CBSE.”
Case Details
W.P.(C) 4403/2020
Case- SANYAM GUPTA V. CENTRAL BOARD OF SECONDARY EDUCATION
Counsel for petitioner- Mr. Rishi Manchanda & Mr. Arun Kumar, Advocates
Counsel for respondent- Mr. Amit Bansal & Ms. Seema Dolo, Advocates with Dr. Sanyam Bhardwaj, Controller of Examinations, CBSE Ms. Maninder Acharya, Sr. Advocate/Amicus Curie
Coram- JUSTICE PRATHIBA M. SINGH
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