Bombay HC disposes PIL seeking cancellation of CISCE exams in view of Supreme Court order

The court, however, granted liberty to the petitioner to approach the court in case they were not satisfied with the methodology for alternate assessment.




The Bombay High Court on Monday disposed of a Public Interest Litigation (PIL) seeking cancellation of pending class 10 and 12 exams of Council for Indian School Certificate Examinations (CISCE) scheduled to be held in July, in view of Supreme Court order, wherein the Council submitted that it was adopting formula on the lines of Central Board of Secondary Education (CBSE) for alternate assessment and would declare the results along with CBSE by July 15. The court, however, granted liberty to the petitioner to approach the court in case they were not satisfied with the methodology for alternate assessment.

A division bench of Chief Justice Dipankar Datta and Justice SS Shinde heard through video-conference and disposed of a plea filed by advocate Arvind Rangnarain Tiwari, also the parent of a student from an ICSE-affiliated school. He had sought a court direction to the authorities to cancel the rescheduled exams in view of the pandemic and declare results on the basis of past performances in the papers for which the exams have not been held yet. The High Court also heard intervention pleas filed by other parents.

The petitioner on Monday submitted that the Council are yet to prepare a methodology that was sought by the court in the earlier hearing. The petitioner also said that as there was no clarity on the methodology for declaring results and the plea should be kept pending until the education board submits the assessment formula.

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The Council submitted that exams for remaining papers stand cancelled and results will be declared by July 15 as per the methodology adopted by it, which will be notified. The Board also stated that if the situation becomes conducive in near future, it may give students an option to appear for exams at a later date, and the marks in that exam shall be considered as final. The Council said that the Supreme Court, while hearing the pleas had noted that all other litigation regarding CISCE and CBSE exams were deemed to be disposed of, thus the PIL before the High Court was also be disposed of.

CBSE | How marks will be calculated

The High Court reproduced June 26 Supreme Court order that stated: “In terms of this order, all proceedings/ petitions pertaining to the subject matter of conducting examinations for classes X and XII by ICSE for Academic Year 2019-2020 pending in this Court or any other Court shall be governed by this order and deemed to be disposed of accordingly.”

However, it granted liberty to petitioners to file a fresh plea, if there were any grievances pertaining to the methodology, once adopted and notified by the Council.

The bench disposed of the PIL and said, “In view of the Supreme Court order, nothing survives for decision. We record formal closure of these proceedings.”

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