Delhi High Court
Sanyam Gupta vs Central Board Of Secondary ... on 21 July, 2020
SINDHU KRISHNAKUMAR
21.07.2020 20:05
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21st July, 2020.
+ W.P.(C) 4403/2020 & CM APPL. 15859/2020, 15860/2020
SANYAM GUPTA ..... Petitioner
Through: Mr. Rishi Bansal, Advocate.
versus
CENTRAL BOARD OF SECONDARY EDUCATION
..... Respondent
Through: Mr. Amit Bansal & Ms. Seema Dolo,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The present petition has been filed by the Petitioner who has appeared
in the Class XIIth improvement examinations conducted by the CBSE in
2020.
3. The Petitioner had taken the Class XIIth exams in 2019-20 and had
secured 95.25%. He wanted to improve his scores and decided to drop a
year. He had applied to take improvement exams in four subjects i.e. English
Core, Accountancy, Economics and Business Studies. However, the
Business Studies exam, which was scheduled on 24th March, 2020, could not
be held due to the COVID-19 lockdown. The grievance of the Petitioner is
that despite three exams having been taken by him, the result of the said
three improvement exams has not been declared by the CBSE.
Signature Not Verified
Digitally Signed
Signing Date:21.07.2020 19:23
4. Specific reliance is placed on the order dated 26th June, 2020 of the
Supreme Court, as per which, the results were to be declared by 15th July,
2020. The relevant portion of the order is extracted below:
"...
3. After perusing the same and taking into
account the suggestions given by the counsel
appearing for the concerned parties, we see no
difficulty in permitting the CBSE to issue the said
notification forthwith. The draft notification reads
thus:
NOTIFICATION
Keeping in view the requests received
from various State Governments and the
changed circumstances as on date,
following has been decided:-
1. Examinations for classes X and XII
which were scheduled from 1st July to
15th, 2020 stand cancelled.
2. Assessment of the performance of
students in the cancelled examinations
will be done based on the assessment
scheme as suggested by competent
committee of the CBSE for declaration of
result for both class-X and class-XII. The
said scheme is mentioned in Para-7
below.
3. Results based upon the aforesaid
assessment scheme will be declared by
15th July, 2020 so that candidates can
apply and seek admissions in Higher
Education Institutions in India and
abroad, based thereon.
4. However, for Class-XII, CBSE will
conduct an optional examination in the
subjects whose examinations were
scheduled to be conducted from 1st July to
15th July, 2020 as soon as conditions are
Signature Not Verified
Digitally Signed
Signing Date:21.07.2020 19:23
conducive, as assessed and decided by the
Central Government. Candidates whose
results will be declared based on the
assessment scheme will be allowed to
appear in these optional examinations to
improve their performance, if they wish
so. However, the marks obtained by a
candidate in these optional examinations
will be treated as final for those who have
opted to take these examinations.
5. For candidates in Class X, no further
examinations will be conducted and the
result declared by CBSE on the basis of
assessment scheme will be treated as
final.
6. For class-XII, the result declared by the
CBSE under Sl. No. (2) above will be
considered as final unless the students opt
for Sl. No. (4) above.
7. Assessment Scheme:-
(a) For the students of both classes-X
and XII, who have completed all
their examinations, their results will
be declared based on their
performance in the examinations.
(b) For students who have appeared
in the examinations in more than 3
subjects, the average of the marks
obtained in best three performing
subjects will be awarded in the
subjects whose examinations have
not been conducted.
(c) For students who have appeared
in the examinations in only 3
subjects, the average of the marks
obtained in the best two performing
subjects will be awarded in the
subjects whose examinations have
Signature Not Verified
Digitally Signed
Signing Date:21.07.2020 19:23
not been conducted. (d) There are
very few students of class-XII, mainly
from Delhi, who have appeared in
the examinations in only 1 or 2
subjects. Their results will be
declared based on performance in
the appeared subjects and
performance in internal/practical
project assessment. These students
will also be allowed to appear in the
optional examinations conducted by
CBSE to improve their performance,
if they desire to do so. Result of these
students will also be declared along
with other students.
4. Resultantly, all these petitions pertaining to
CBSE examinations pending in this Court or any
other Court shall be deemed to be disposed of in
terms of the proposed notification to be issued by
the CBSE. "
5. Mr. Amit Bansal, ld. counsel for CBSE does not dispute the above
position. He however submits that the results of all the regular students
appearing for the CBSE examinations have already been declared. Only the
results of students appearing for the improvement exams is yet to be
declared. He has sought instructions from the CBSE and has informed the
Court that the results for the improvement exams would be declared before
27th July, 2020.
6. Mr. Manchanda, ld. counsel for the Petitioner expresses two concerns.
One, that the Petitioner needs to update his registration with the University
of Delhi where he intends to pursue his Undergraduate studies and secondly,
that the deadline for applying for re-evaluation, as fixed by the CBSE, ends
today.
Signature Not Verified
Digitally Signed
Signing Date:21.07.2020 19:23
7. In response, Mr. Bansal, ld. counsel submits that in the case of those
students whose results have been declared late, the deadline for applying for
re-evaluation would accordingly be extended.
8. List on 27th July, 2020 for reporting compliance.
PRATHIBA M. SINGH
JUDGE
JULY 21, 2020
Rahul/T
Signature Not Verified
Digitally Signed
Signing Date:21.07.2020 19:23
