SC to hear challenge to CBSE’s decision for re-examination
NEW DELHI: The Supreme Court on Monday agreed to hear a plea challenging the decision of the Central Board of Secondary Education (CBSE) to hold a re-examination of class X maths paper and class XII economics paper, amid growing protests by students following the paper leak.
The class XII economics and class X maths papers were held on 26 March and 28 March, respectively.
The matter was brought before a bench headed by Chief Justice Dipak Misra who said that the matter would be taken up on Wednesday.
The public interest litigation (PIL) was brought by a student, Rohan Mathew, who claimed that a re-examination would constitute a violation of fundamental right of students who previously appeared in the exam.
It was sought that CBSE’s decision to re-conduct maths exam for class X students be quashed and the court direct the authority to continue with evaluation of the answer sheets.
Petitioners have contended that cancelling the exam and holding a re-examination based on mere apprehension that there is a likelihood of the exam having been compromised was violative of the proportionality doctrine.
The decision to re-conduct the examination is arbitrary, illegal and violative of the fundamental rights guaranteed under Articles 14 (right to equality) and Article 21(right to life) under the Indian Constitution, the plea said.
Another plea, challenging the re-examination of Economics paper of class XII, has also been tagged to be heard by the court.
On 30 March, the government announced a re-examination date for the CBSE Class XII economics paper and said a decision on conducting a re-exam for the Class X math paper will be taken later, amid protests, politics and an ongoing investigation.
The Class XII economics re-exam will be held on 25 April, while the Class 10 maths re-exam, if needed, will be held in Delhi and Haryana only, and that too only in July, said Anil Swarup, secretary in the Union human resource development (HRD) ministry’s department of school education and literacy.
On 28 March, CBSE announced it would re-conduct Class XII economics and Class 10 maths examinations as both papers were leaked.
The decision has seen widespread anger among students across the country who have been protesting since Wednesday.
The matter will be heard on 4 April.