ORDER :

1. The core issue involved in these matters is about conducting examinations for classes X and XII of the Central Board of Secondary Education (CBSE) and the Indian Certificate of Secondary Education (ICSE) respectively.

2. As regards CBSE examinations, the CBSE has presented a draft notification for our consideration.

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 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 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. Accordingly, if any other petition is pending in this Court or any other Court concerning the subject of conducting examinations for Classes X and XII by the CBSE scheduled from 1st July, 2020 to 15th July, 2020, the same will be governed by this order and the notification approved by this Court.

6. As regards ICSE, the counsel appearing for the said Board, on instructions, stated that ISCE in principle would issue similar notification with additional aspects referred to i