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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
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.
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.
AI
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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