NEW DELHI: Bringing finality on cancellation of CBSE and ICSE Class 12 examinations and putting an end to all controversy on the internal assessment scheme for evaluating students, the Supreme Court on Tuesday approved in toto the decision taken by Centre and the two boards while dismissing all the objections raised by parents and students.
A bench of Justices A M Khanwilkar and Dinesh Maheshwari, which had earlier approved the decisions in principle, passed the formal order and brought the litigation pertaining to CBSE and ICSE board examination to an end.
The court said a conscious decision was taken at the highest level of the government not to hold examinations in view of the pandemic and no fault could be found in the decision.
The bench heard and examined all the objections raised by parents and students but came to the conclusion that there was no need to tinker with the decisions taken by the boards and the Centre.
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The court was initially in favour of granting only one option to the students — either to go for assessment or be ready to take the exam as pleaded by a parents’ association.
But attorney general K K Venugopal said it was not in the benefit of the students and it could be counterproductive.
He said the present policy to opt for both the options is best for the students.
“Assessment of all the students will be done and they will also be given liberty to opt for examination when it will be conducted.
Depriving them of one option would be counterproductive and against the interest of the students,” he said.
The court also turned down the proposal for a uniform evaluation scheme to be followed by all boards after the government said it was not possible as there are 32 state boards in addition to CBSE and ICSE.
Venugopal told the court that all the boards are autonomous and empowered to formulate their own scheme for moderation of marks.
The AG said lives of students are precious and cannot be put in danger by compelling them to appear in examination during the pandemic.
He said in case of any death, the government and the board could be sued by the parents.
Dismissing the objections of parents and students, the court said there would be more uncertainty if their suggestions were accepted.
The bench will now examine the plea for scrapping of exams conducted by state boards.
Out of all states, only Kerala government has so far favoured conducting exams.