1. Challenge to a board examination policy providing that marks obtained in a subsequent examination shall be considered final for students unsatisfied with initial assessments. (Para 1 , 2 )
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2022 Supreme(SC) 1309
SUPREME COURT OF INDIA
A.M. Khanwilkar, C.T. Ravikumar, JJ.
Sukriti & Ors. – Appellants
Versus
Central Board of Secondary Education & Anr. – Respondents
Writ Petition(s)(Civil) No(s). 1214 of 2021
Decided On : 07-01-2022
Important Points
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 the students.
Subject
Administrative Law - Education Law
Headnote
CBSE - Assessment Policy - Clause 28 - [Notification dated 17.06.2021] - [Striking down the condition specified in Clause 28] - [Option to accept the better of the two marks obtained in the subject for final declaration of results]
Fact of the Case:
The petition challenged a provision in the scheme propounded by the Central Board of Secondary Education (CBSE) which stated that marks secured in a later examination would be considered final, departing from the earlier scheme where the better of the two marks obtained by the candidate in the subject was considered for final declaration of results.
Finding of the Court:
The court found the provision to be manifestly arbitrary and irrational as it lacked justification. It held that the extraordinary and challenging situation faced by the students during the pandemic justified making a provision more beneficial to the students. The court struck down the condition specified in Clause 28, allowing the CBSE to provide the option to the candidate to accept the better of the two marks obtained in the subject for final declaration of results.
Issues: The main issue was the validity of the provision in the CBSE scheme which stated that marks secured in a later examination would be considered final, departing from the earlier scheme.
Ratio Decidendi: The court's decision was influenced by the lack of justification for the departure from the earlier scheme and the need to provide a more beneficial provision to the students in light of the extraordinary and challenging situation faced during the pandemic.
Final Decision: The court struck down the condition specified in Clause 28, allowing the CBSE to provide the option to the candidate to accept the better of the two marks obtained in the subject for final declaration of results.
Legal Category Hierarchy
Advocates appeared:
Ms. Mamta Sharma, Advocate, Ms. Vagisha Nandini, Advocate, Mr. Pradeep Gupta, Advocate, Mr. Alok Kumar, Advocate, Mr. Sandeep Malik, Advocate, Mr. Ravi Prakash, Advocate, For the Appellant / Ms. Aishwarya Bhati, ASG, Ms. Seema Bengani, Advocate, Mr. Sanjay Kumar Tyagi, Advocate, Mr. Om Prakash Sinha, Advocate, Ms. Chinmayee Chandra, Advocate, Mr. G.S. Makker, Advocate, Mr. Rupesh Kumar, Advocate, Ms. Neelam Sharma, Advocate, Ms. Pankhuri Shrivastava, Advocate, Mr. Ravi Prakash, Advocate, For the Respondent.
Ms. Mamta Sharma, Advocate, Ms. Vagisha Nandini, Advocate, Mr. Pradeep Gupta, Advocate, Mr. Alok Kumar, Advocate, Mr. Sandeep Malik, Advocate, Mr. Ravi Prakash, Advocate, For the Appellant / Ms. Aishwarya Bhati, ASG, Ms. Seema Bengani, Advocate, Mr. Sanjay Kumar Tyagi, Advocate, Mr. Om Prakash Sinha, Advocate, Ms. Chinmayee Chandra, Advocate, Mr. G.S. Makker, Advocate, Mr. Rupesh Kumar, Advocate, Ms. Neelam Sharma, Advocate, Ms. Pankhuri Shrivastava, Advocate, Mr. Ravi Prakash, Advocate, For the Respondent.
Table of Contents
2. Petitioner contends the policy departs from previous practices of considering the better of two marks; Respondent claims the provision is a policy decision. (Para 3 , 4 )
3. A policy decision lacking justification for departing from more beneficial previous schemes, especially during a pandemic, is manifestly arbitrary and irrational. (Para 4 , 5 )
4. Policy decisions that are unjustified and irrational, particularly when they remove beneficial provisions during extraordinary circumstances, are subject to being struck down as arbitrary. (Para 4 , 5 )
5. The condition requiring later examination marks to be final is struck down; candidates must be allowed to accept the better of two marks. (Para 6 , 7 )
6. When is a policy decision considered manifestly arbitrary and irrational?
A policy decision is considered manifestly arbitrary and irrational when it departs from previous, more beneficial schemes without providing any justification for such a departure. (Para 4 )
7. How should extraordinary circumstances like a pandemic influence educational policy decisions?
Extraordinary and challenging situations, such as a pandemic, justify the adoption of policies that are more beneficial to the students concerned. (Para 5 )
8. Can a board's policy requiring the final examination marks to be the sole result be challenged?
Yes, if the policy is found to be arbitrary and irrational due to a lack of justification for departing from a more beneficial approach of considering the better of two marks. (Para 4 , 6 )
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 manifestly arbitrary and irrational.
5. The fact that the policy was required to be adopted because of the extra-ordinary and challenging situation faced by the students concerned during the relevant period owing to pandemic, itself justifies making a provision which would be more beneficial to the students.
6. As a result, we have no hesitation in striking down the condition specified in Clause 28 to the extent - "As per this policy, marks secured in later examination will be considered final". This condition stands effaced from the policy. In other words, the CBSE shall provide option to the candidate to accept the better of the two marks obtained in the subject for final declaration of his/her results.
7. The writ petition stands disposed of in the above terms.
8. Pending applications shall stand disposed of.
9. No order as to costs.
W.P.(C) No. 1170/2021
10. Issue notice, returnable on 31.01.2022.
11. Dasti, in addition, is permitted.
12. Mr. Rupesh Kumar, learned counsel waives notice for respondent No. 1 - CBSE.
