SC not to revisit exam cancellation, approves CBSE, ICSE Class 12 score plan

New Delhi, June 17 The Supreme Court on Thursday accepted the Central Board of Secondary Education (CBSE) formula for the assessment of Class 12 students, who will be assessed based on performance in Class 10 (30 per cent weightage), Class 11 (30 per cent weightage) and Class 12 pre-board (40 per cent weightage) and final results would be declared by July 31.

Accepting the CBSE and ICSE formula for assessing Class 12 students, a bench comprising Justices A.M. Khanwilkar and Dinesh Maheshwari said: "After perusing the scheme presented by the concerned Boards, prima facie, we have no hesitation in accepting the same and permit the Boards to proceed on that basis."

However, the top court, in its order, said the scheme must incorporate two aspects, which were pointed out during the arguments.

"The first is about providing for dispute resolution mechanism, in case the students apply for correction of the final result declared by the concerned Boards. The second is about the timeline to be specified for (a) declaration of the result and (b) the date before which the optional examination will be conducted, subject to conducive situation and logistical constraints," it said in its order.

Attorney General K.K. Venugopal, appearing for the CBSE, and senior advocate J.K. Das, appearing for the Indian School Certificate Examination (ICSE), assured that these two aspects will be incorporated in the final scheme to be notified in due course.

Meanwhile, Senior advocate Vikas Singh, appearing for an intervenor, submitted that the decision of the CBSE and the ICSE to cancel the examination be re-visited.

At this, the bench replied: "There is no question of reversing the earlier decision regarding cancellation of examination because no prejudice will be caused to the students as they can still appear in the optional examination to be concluded in due course."

The top court deferred the hearing in the matter till June 21, as Singh sought time to examine the scheme propounded by the boards.

It passed the order on a plea of advocate Mamta Sharma seeking cancellation of board exams amid the second wave of Covid-19. The top court noted that all counsel appearing for the concerned students have no objection to the scheme propounded by the CBSE and the ICSE, where they will declare results by July 31.

In the current academic year 2020-21, about 14.50 lakh candidates have registered for Class 12. The scheme was prepared after obtaining feedback from 229 Sahodaya School Complex comprising of 7,734 schools and a 13-member committee of experts, comprising of IAS officers and education experts, constituted on June 4. The assessment process has been divided into theory and practical components.

The CBSE said for Class 12, marks based on unit test/mid-term/pre-board exam will have 40 per cent weightage; Class 11 marks based on the theory component of the final exam will have 30 per cent weightage; and Class 10 marks based on average theory component of the best three performing subjects out of the main 5 subjects will have 30 per cent weightage.

According to the ICSE formula: "(i) marks percentage in Class 10 board examinations, (ii) the project & practical work in the subjects, (iii) the performance of the candidates in the school examinations in the subjects in classes 11 and 12, measured through their best marks obtained in the two years (referred to as raw marks) and (iv) the best performance of the school in the last six years".

The court allowed those opposing the scheme proposed by the CBSE and CICSE to give their suggestions through an affidavit on June 18.