CBSE will direct all institutions to announce the scores granted by the results committee; No refund of exam fee

By - Hiranmayi Gowravajhula*

With the cancellation of the board exams due to the prevailing COVID 19 pandemic, the CBSE and ICSE boards had come up with a mechanism for evaluation of final results and enable students to opt for improvement examinations. 

On account of the same, the Association Of Private Schools Of Uttar Pradesh filed a petition in the Supreme Court for conducting the improvement assessment and declaring scores on early dates instead of the tentative dates August 15 to September 15, 2021. Additionally, they also raised the issue for the CBSE to reimburse the Rs.1,500 exam fees, to each student because no examinations were conducted. 

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The organisation previously claimed that students should be notified how their grades were decreased as a result of the CBSE's moderation program because the marks granted to several students were significantly lower than the marks obtained in internal tests. This was owing to the CBSE's rationalisation strategy, which obliged the results panel to lower scores based on the school's highest results during the previous three years. 

The bench in this regard opined “On instructions, CBSE has submitted that it will issue instructions to all the schools registered under that Board to notify the internal assessment marks, the highest average in the preceding three years and the marks assigned by the Result Committee on a case-to-case basis. That shall be the responsibility of the concerned school(s) where the students are pursuing studies”.  

The court observed that the CBSE has consented to this plea and would give directions to all institutions on a case-by-case premise to announce the scores granted by the results committee. The ruling said that “this shall be the responsibility of the concerned school where the students were pursuing their studies.”

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During the hearing on August 5, 2021, both CBSE and ICSE promptly provided a list of tentative dates which the supreme court approved. According to the said tentative dates, the results for both the CBSE and ICSE board will be given out by September 20 and September 30 respectively. These dates were decided considering that the student would also have to appear for college entrance exams such as JEE, NEET etc. 

According to CBSE’s legal counsel Rupesh Kumar, the test would be held for three types of students: those who seek for rectification of marks via the dispute resolution process, compartment applicants, and private, correspondence, or second attempt compartment applicants. He said that the opportunity to enrol for the physical test might be accessible by August 10. 

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The two boards flatly refused to return the money, emphasising that they were “self-financing” organisations that received no federal aid. In individual affidavits, the boards stated that test fees of Rs.1500 per student are the only way for them to pay their employees and cover examination expenditures.

“For, the explanation offered by the boards on affidavit about their inability to refund the stated amount having spent the same for preparatory work and for making logistical arrangements for conducting the examination which had to be cancelled at the last minute, commends to us.” the bench said while dismissing the plea for a refund of exam fees.

CLICK HERE TO READ ORDER.

*Hiranmayi Gowravajhula is a 1^st year student pursuing B.B.A.LL.B from Symbiosis Law School, Hyderabad.