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A. M. KHANWILKAR, C. T. RAVIKUMAR
Sukriti – Appellant
Versus
Central Board of Secondary Education – Respondent
ORDER
W.P.(C) No. 1214/2021
1. Heard the learned counsel for the parties. The limited grievance in this petition is about the provision made in the scheme (vide Notification dated 17.06.2021) propounded by the Central Board of Secondary Education (CBSE), which provides in Clause 28, as follows: -
..."28. Students not satisfied with the Assessment
Students who are not satisfied with the assessment, done based on the policy will be given an opportunity to appear in examinations to be conducted by the board when conditions are conducive for holding the examinations. As per this policy, marks scored in later examination will be considered final." (emphasis supplied in italics)
2. As per this policy, marks secured in later examination shall be considered as final.
3. The grievance is that this condition has been inserted in departure to the earlier schemes where the better of the two marks obtained by the candidate in the subject was to be considered for final declaration of results.
4. The CBSE except reiterating its plea that this is a policy decision of the CBSE, has not given any justification for such a departure. Sans any justification, it must follow that the impugned stipulation is man
The court emphasized the need for justification and reasonableness in policy decisions, especially in extraordinary circumstances, and upheld the principle of providing a more beneficial provision to....
Educational institutions must adhere to standardized evaluation guidelines as established by overseeing bodies, and courts should respect the decisions made by expert committees in academic assessmen....
Prescribing the academic standards falls exclusively in the domain of special bodies like the Senate, Board of Governors and Syndicate etc. The court would normally not interfere with such prescribed....
The doctrine of legitimate expectation was applied to determine the CBSE's violation of the legitimate expectation of the students, leading to the court's decision to partly allow the petition and di....
Point of Law : No material has been placed before us to suggest that the guidelines/notification relating to the process of evaluation has been arrived at without taking into consideration the releva....
The doctrine of legitimate expectation protects students' rights, requiring adherence to pre-announced assessment criteria; arbitrary changes post-examinations are impermissible.
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