Plea in Delhi HC seeks modification in tabulation of Class 10 marks

The Centre had on April 14, cancelled the Class 10 Board Exams in view of the surge of COVID-19 cases across the country

New Delhi: The Delhi High Court on Wednesday issued notice to the Central Board of Secondary Education (CBSE), the Centre and the Delhi Government on a plea seeking modification in policy for the tabulation of marks for the Class 10 Board exams 2021 based on internal assessment conducted by the school.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh asked the three to file a reply on the plea by the organisation – Justice for All. The court has listed the matter for further hearing on August 27.

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The Centre had on April 14, cancelled the Class 10 Board Exams in view of the surge of COVID-19 cases across the country and said that the results will be prepared on the basis of an objective criterion to be developed by the CBSE.

The decision was taken after a high-level meeting chaired by Prime Minister Narendra Modi.
The petition was filed by advocate Shikha Sharma Bagga and the organization was represented by advocate Khagesh B Jha.

The court was hearing a petition filed by Justice for All seeking direction to the respondents CBSE and others for the modification of impugned policy for tabulation of marks for the Class 10 board exams based on internal assessment conducted by the school dated May 1, 2021, by scrapping the policy of moderation of marks based on assessment of marks of Class 10 students of the current year with the previous year’s performance of the school, district, state etc.

It also asked to alternately direct the CBSE to permit the marks to be uploaded by schools even though the skewness with the average from the reference years average is more than +/-2 marks from the previous year’s performance of the schools.

The petition further sought an order, writ or directions to the respondents to direct all the schools affiliated by the board to publish the rationale document for devised criteria for assessment on their respective websites, before calculating the result and uploading the same on the CBSE portal, to bring transparency, and also so that students may access it and raise their grievances well in time.

It also sought direction to affiliated schools to publish the criteria of stream selection for the students in class 11 on their respective websites and devise a grievance redressal mechanism.
The petition also sought directions to the CBSE to keep records of the students in their custody for future verification of marks or to ensure that the methodology adopted by the schools are transparent and fair.

It further sought not to scrap the policy of verification of marks/reevaluation for the year 2020-21 assessment results and to conduct the objective type compartment exam online by the CBSE rather the school.

The petition has also urged to to devise the mechanism for rectification of wrong uploading of marks, in case, because of typographical error by the school.

The petitioner said that the contemplated policy by the board to assess the performance is framed in such manner where the CBSE is assessing the performance of school for last three year not the performance of the individual students and then links it with the performance of students.

“…the contemplated policy by the board to assess the performance of the class 10th student of this year with the performance of the previous batches, is unconstitutional and in violation of the provisions of Articles 19(1)(a), 21 and 21A of constitution of India, ” the petitioner added.

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