JUDGMENT

Dated this the 4 th day of February, 2022 The petitioners, who are 12 th Standard students of the 3 rd respondent-Kendriya Vidyalaya, have approached this Court praying that the 1 st and 2 nd respondents be directed to cancel the examination of Mathematics Paper-1 of 12 th standard held on 6 th day of December, 2021 and conduct retest for the same according to the syllabus.

2. The petitioners state that they are 12 th Standard students of the 3 rd respondent-School. In the examination for Mathematics, the petitioners had to attend 40 questions in 90 minutes. To answer these 40 questions, at least 150 minutes is necessary. The petitioners further state that easy question papers were distributed in Northern, Central and Eastern Region of CBSE, whereas difficult question papers were imposed on Andra Pradesh, Karnataka, Tamil Nadu and Kerala. The toughest set of question papers was for the Southern Region.

3. The petitioners would further allege that they usually get full marks for Mathematics. But, when the CBSE question paper was opened, it came out that questions were from out of syllabus. Some of the questions were not even in respect of the contents in the NCERT Textbook.

4. The petitioners specifically pointed out that in question No.42, the factorial notation which is given is not familiar to the students. This notation was never used in NCERT Textbook. The petitioners alleged that majority of questions were from out of Textbook. So, it is difficult for average and below average students to pass the examination. By subjecting them to a difficult and out of syllabus questions in Mathematics Paper in the examination held on 06.12.2021, the petitioners have been put to great predicament and difficulties. Unless the examination is re-conducted, the petitioners will be put to untold hardship and their future is at stale.

5. The learned Standing Counsel for the CBSE opposed the writ petition filing a statement. Respondents 1 and 2 stated that 20 minutes additional time was allotted to the students to read and understand the question paper, prior to the actual time of commencement of the Examination. CBSE is an expert body and prepares question papers with care. If any ambiguity found in the question paper, the CBSE will address those issues.

6. CBSE has its own mechanism to redress grievances relating to question papers, contended the Standing Counsel. The benefit of the students will be considered by the CBSE. As regards the allegation that there were out of syllabus questions, respondents 1 and 2 stated that question No.27 was regarding a determinant of a 3x3 matrix, which is very much in the syllabus. No question in the question paper can be treated as out of syllabus, as there were no questions from the deleted portion. The respondents have withheld the release of Examination results due to the pendency of this writ petition, which is causing great disadvantage to other students.

7. I have heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents.

8. The claim of the petitioners is that the question papers distributed in the Southern Region were difficult question papers and easy question papers were given to students falling under North, Central and Eastern Regions. Apart from making such wide allegation/complaint, the relevant question papers in respect of North, Central and Eastern Region and the Southern Region are not before this Court.

9. Even if such question papers are made available to this Court, it would not be proper for this Court to make a comparative study of the question papers and come to a conclusion that one set of question paper is tough and the other sets are easy. This is a matter which is best left to the expert body. The CBSE, being an educational agency