MAMTA SHARMA vs CENTRAL BOARD OF SECONDARY EDUCATION

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 720

SUPREME COURT OF INDIA
A.M. KHANWILKAR, DINESH MAHESHWARI, JJ.
MAMTA SHARMA - Petitioners
Vs.
CENTRAL BOARD OF SECONDARY EDUCATION & ORS. - Respondents
Writ Petitions Civil Nos. 522/2021
Decided On : 17-06-2021

Advocates Appeared:
For the Respondents: Mr. K.K. Venugopal, A.G., Mr. Tushar Mehta, S.G.,Mr. Gurmeet Singh Makker, AOR, Mr. Rajat Nair, Adv.,Mr. Ankur Talwar, Adv.,Ms. Suhasini Sen, Adv.,Ms. Apoorva Kurup, Adv., Mr. Tushar Mehta, S.G.,Mr. Rupesh Kumar, AOR.,Mr. Rajeev Sharma, Adv.,Ms. Neelam Sharma, Adv.,Ms. Pankhuri Shrivastava, Adv.,Mr. Alekshendra Sharma, Adv., Mr. Pravesh Bahuguna, Adv., Mr. J.K. Das, Sr. Adv.,Mr. Sandeep Devashish Das, AOR,Ms. Arushi Mishra, Adv.,Mr. Shashwat Sarin, Adv.,Mr. Jose Abraham, AOR,Mr. Robin Raju, Adv.,Mr. M.P. Srivignesh, Adv.,Ms. Anju Joseph, Adv.,Ms. Deepa Joseph, Adv.,Mr. Inderjit Sinha, Adv.,Mr. Pai Amit, AOR,Mr. Kumar Vaibhav, Adv.,Ms. Pankhuri Bhardwaj, Adv,Dr. Charu Mathur, AOR,Ms. Tanvi Dubey, Adv.,Mr. Sanjay Kumar Dubey, Adv.,Mr. Sanpreet Singh Ajmani, Adv.,Mr. R. P. Gupta, AOR,Mr. James P. Thomas, AOR,Mr. Apzal Ansari, Adv.

Headnote:
Order - Cancellation of Board examinations - Assessment of theory portion - Broad distribution of marks assigned to various components on basis of which final marks of every student – Held, Court have no hesitation in accepting same and permit Boards to proceed on that basis. However, scheme must incorporate two aspects, which we have pointed out during course of arguments - First is about providing for dispute resolution mechanism, in case students apply for correction of final result declared by Boards concerned - Second is about timeline to be specified for (a) declaration of result, and (b) date before which optional examination will be conducted, subject to conducive situation and logistical constraints – Ordered accordingly.

ORDER :

1. We have heard the learned Attorney General representing the Union of India, Mr. Tushar Mehta, learned Solicitor General representing the CBSE and Mr. J.K. Das, learned senior counsel representing the ICSE.

2. They have placed on record the detailed schemes formulated by the Expert Committee of the respective Boards on affidavit.

3. The gist of the proposed scheme propounded by the CBSE Board is appended to the affidavit as Annexure R-1/2, which is reproduced as under:

“SUMMARY OF THE POLICY

FOR TABULATION OF MARKS FOR CLASS XII BOARD EXAMINATIONS 2021

1	(a) Due to cancellation of the Board examinations, the assessment of theory portion of 80/70/60/50/30 marks will be done by the school based on the following:
	Class		Component to be evaluated				Percentage
	Class XII		Marks based on Unit Test/Mid-Term/Pre-Board Exam				40%
	Class XI		Marks based on theory component of final exam				30%
	Class X		Marks based on average theory component of best three performing subjects out of main 5 subjects.				30%
	(b) The marks of Practical/Internal Assessment, etc. of Class XII will be on actual basis as uploaded by the school on the CBSE portal. (c) The total marks awarded should be in consonance with the past performance of the school in Class XII Board Examinations.
Assessment and its components
2	Accordingly, in accordance with points above, the broad distribution of marks assigned to various components on the basis of which the final marks of every student will be computed is as follows:
	Theory Marks			Practical/IA Marks	Total Marks
		Class	Class	Class	Class	Class		Class	Class
		X	XI	XII	XII	X		XI	XII
		30%	30%	40%
	80	24	24	32	20	24		24	52
	70	21	21	28	30	21		21	58
	60	18	18	24	40	18		18	64
	50	15	15	20	50	15		15	70
	30	09	09	12	70	09		09	82
computation of theory marks

3	(a) Class XII Theory Marks
	The computation of theory marks for Class XII will be based on performance in one or more Unit Test(s)/Mid-Term/Pre-Board(s) theory examination. The Result Committee of the school may decide weightage to be given to each exam based on the credibility and reliability of the assessment. For example, if the Committee may be of the considered view that only the Pre-Board exams may be taken into consideration, then a full weightage can be given to that component. Similarly, another school Result Committee may decide to give equal weightage to Pre-Board exams and Mid-Term exams.
	(b) Class XI Theory Marks
	Computation of Class XI theory marks shall be on the basis of year end final theory exam in respective subjects.
	(c) Class X Theory Marks
	Computation of Class X theory marks shall be based on average theory marks obtained by the student(s) in best three performing subjects out of main 5 subjects. This average will be uniformly awarded to all the Class XII subjects based on theory weightage.
	To facilitate ease in entering the theory marks of Class X, the Board will provide the marks for the students who have appeared in CBSE Class X examinations. For students of other Boards, the schools will have to enter the information based on the Class X mark-sheets of the students available with schools.
4	constitution of result committee
	Each school shall form a Result Committee of 5 members.
5	assessment moderation of class xi and class xii component
	As marks of Class XI and Class XII component will be awarded at school level, they will strictly not be comparable across schools due to the variations in the quality of question papers, the evaluation standard and processes, the mode of conduct of exams, etc. Therefo

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Judicial Analysis

SupremeToday

2021 Supreme(SC) 720

SUPREME COURT OF INDIAA.M. KHANWILKAR, DINESH MAHESHWARI, JJ.MAMTA SHARMA - PetitionersVs.CENTRAL BOARD OF SECONDARY EDUCATION & ORS. - RespondentsWrit Petitions Civil Nos. 522/2021Decided On : 17-06-2021

Judicial Analysis

SUPREME COURT OF INDIA
A.M. KHANWILKAR, DINESH MAHESHWARI, JJ.
MAMTA SHARMA - Petitioners
Vs.
CENTRAL BOARD OF SECONDARY EDUCATION & ORS. - Respondents
Writ Petitions Civil Nos. 522/2021
Decided On : 17-06-2021