A Bench of Justices AM Khanwilkar and CT Ravikumar directed the CBSE to consider the better of the marks in the two exams for evaluation of results of class 12 exams
“We have no hesitation in striking out the policy where marks scored in later examination will be considered final. CBSE shall provide option to the candidate to choose better of the two marks obtained for the subject for the evaluation of results,” the order said.
The Board had previously allowed students to retain the marks in the original exam, if the marks scored in the improvement examination were lesser.
“Give us a justification why is it not possible to accept the favourable marks of the candidate. In the past you’ve done it. What’s the difficulty in doing it this year also?” the Court questioned CBSE during the hearing today.
Additional Solicitor General Aishwarya Bhati responded that it was a call CBSE took, but accepted that there is no need to take a rigid stance on this.
“Your Lordships may pass an order,” she conceded.
The Court then proceeded to pass an order noting that the present policy was in departure from the earlier one which allowed better marks of candidates to be considered.
“Limited grievance is about the scheme by CBSE which provides “as per this policy marks scored in later exam is to be considered.This is in departure of earlier scheme where the better marks of the candidates were to be considered in results. CBSE reiterates it is a policy decision but hasn’t given any reason,” the Bench observed.
In view of the challenging situation faced by students, the Court ordered striking down the clause in CBSE policy.