SHASHIBHUSHAN P ADGAONKAR

67
IN THE SUPREME COURT OF INDIA . CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. OF 2021 (A PUBLIC INTEREST LITIGATION) IN THE MATTER OF: . ANUBHA SHRIV AST AVA SAHAI & ORS ... PETITIONERS VERSUS UNION OF INDIA & ORS ... RESPONDENTS I.A.NO. OF 2021 APPLICATION FOR EXEMPTION FROM FILING ATTESTED COPY OF AFFIDAVIT.· PAPERBOOK (Kindly See Inside For Index) ' ADVOCATE FOR THE PETITIONERS: SHASHIBHUSHAN P ADGAONKAR I o

Transcript of SHASHIBHUSHAN P ADGAONKAR

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IN THE SUPREME COURT OF INDIA . CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO. OF 2021 (A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF: .

ANUBHA SHRIV AST AVA SAHAI & ORS ... PETITIONERS

VERSUS

UNION OF INDIA & ORS ... RESPONDENTS

I.A.NO. OF 2021 APPLICATION FOR EXEMPTION FROM FILING

ATTESTED COPY OF AFFIDAVIT.·

PAPERBOOK

(Kindly See Inside For Index) '

ADVOCATE FOR THE PETITIONERS: SHASHIBHUSHAN P ADGAONKAR

I o

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INDEX

I SL Particulars Page No. of part Remarks to which it

No belongs ._,

(i) (ii)' (iii) (iv) (v) Part I Part II (Conte (Content nts of s ofFile) Paper Book)

1. Listing P.erforma 2. Cover page of Paper book 3. Index of Record of

Proceedings 4. Limitation report prepared by

Registry 5. Defect List 6. Note Sheet

. . . tJ-1 7. Synopsis and List of Dates 8. Writ petition along with J-2s-

affidavit 9. ANNEXURE P-1 26--2-1

The copy of Judgment and order in Amit Bathla & Am. v. Central Board of Secondary Education & Ors. Reported as (2020) 7 SOC 233. '

10. ANNEXURE P-2 The copy of press statements made by different State Government regarding the Class XII HSC Board Exams.

11. ANNEXURE P-3 qJ- Lf'-1 The copy of communication dated 09/04/2021.

12. ANNEXURE P-4 'C(_?,.

The copy of Notification

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dated 14/04/2021.

13. ANNEXURE P-5 . '-/6-49 The copy of communication dated 17/05/2021.

.. 14. ANNEXURE P-6 49-S{:J

The copy of communication dated 26/05/2021.

15. ANNEXURE P-7 57;..>9 The copy , of response received in the survey shown in the pie chart. .

16. LA. NO. OF 2021 l$''1--66 APPLICATION FOR EXEMPTION FROM FILING ATTESTED COPY OF AFFIDAVIT.

17. F/M 6/ . ....

18. Vakalatnama

' --' - -- ..... ---- --

.. . .

I

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Al-PROFORMA FOR FIRST LISTING

The case pertains to tick/check the correct box) --

.Central Act: (Title) N,fi Section: N·/1- --··-\ Central Rule: (Title) N·fl

r--- -Rule No (S) N,ff

------··--·

State Act: (Title) N·fi Section: k·fl

I--State Rule: (Title) N·fl I

Rule No(5) . N·fl Impugned Interim · ·Order: rv·fl

i (Date)

·-- ---------------- -· ----------------· ·-·---·-·-·----··· . i ' Impugned Final Order/Decree: 1 N·/) I '

I (Date) I I

---

High Court: (name) /V• {/ Names of Judges: rv·fl- I Tribunal/Authority (Name) /'1, /f

1. Nature of matter ch/JL 2 (t) Petitioner/appellant No.1: fl Ylubht:t. .5$lv ..Vc:::lJYc::L.

(b) e-mail ID: IV. f)- . Mobile Phone Number:

,---·- --·-·---(C) N· fl-

3 (a) Respondent No.1: UJA..i 0/'1 f2-·--

(b) Email ID: N·j?-(c) Mobile Phone Number: N·fl

-4.(a) Main Category classification: r8 c1VJ L

(b) Sub Classification: /5JD?

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SYNOPSIS AND LIST OF DATES

The present Public Interest litigation (PIL) under Article

32 of the Constitution of India is being filed with a request to

pass the similar orders/direction to the Respondent State Boards

as well as UGC regarding cancellation of Class XII exam and a

uniform formula of assessment, to meet out the hardships of the

innocent school children of Class XII of State Board, which

were passed' by this Hon'ble Court in similar circumstances

. caused to Covid - 19 pandemic by exercising the powers under

Article 142 of the Constitution of India to meet out the

hardships of the innocent school children of Class XII of CBSE

& ICSE, in the matter.of Amit Bathla & Anr. V. CBSE & Ors.

(2020) 7 SCC 233, in which this Hon'ble Court directed the

respondent CBSE & ICE to compute and declare the result of

class XII students on the basis of their earlier grading as their . .

main final examination had been postponed and could not be

conducted due to unprecedented situation caused by pandemic.

That since from last year 2020, this Hon'ble Court by

their various judgments & orders have took serious concern

about the critical situation of the country due to widespread

pandemic and unfortunately, the present year 2021 which is

more severe and worse in comparison to the last year. Due to the

pandemic situation, s9me of the State Government took decision

for cancellation of the Higher Secondary Certificate I

Examination (herein after referred to as HSC Exam) which was

formerly scheduled to be conducted in the month of March

2021, but whereas some of the· state Government yet to take

any decision regarding the cancellation of the HSC Exams. The

HSC Board has not yet devised any formula regarding how they

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c are going to assess the students of Class XII for their further

admission for professional as well as non professional courses,

in the event of cancellation of the exam.

That after the judgement of this Hon'ble Court in the

matter of Amit Bathla & Anr. V. CBSE & Ors. (2020) 7 SCC

233, the CICSE/CBSE had already vide their circulars dated

26.06.2020 and 13.07.2020 accepted the same for last academic

year for Class X & XII. And admitting the same severe situation

of covid 19, the CBSE/CICSE has partly accepted the judgment

of this Hon'ble Court for present academic session of2020-2021

in respect of class X students by way of issuing the directions

not to conduct their· fresh final examination. But as regards to

Secondary School Certificate i.e. SSC by State Board is

concern, many Government has not accepted the

proposition as lai<;l down by this Hon 'ble Court and has not yet

cancelled the examination of Class X SCC State Board students.

Similarly, instead of adopting the criteria of declaring result on

the basis of their earlier internal grading as confirmed by this

Hon'ble Court in Amit Bathla & Anr. V. CBSE & Ors. (2020) 7

SCC 233,e the some of the State Bpard has not yet declared the

cancellation of the Class XII HSC examination, and the

directions to postpone their final examination for an unspecified

duration is arbitrary, inhuman to the students. By conducting

offline exams the Government will be putting_ the lives of

Students, teachers and other staff at risk Government must take

a call now for 12th Board like they have done for 1Oth board.

International boards have already cancelled 12 board offline

· exam and are going ahead with Internal assessment.

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SJ The present petitioner no.1 herein is a child rights

activist and working for welfare and redressal of grievances '

of various 'including Board Students studying at I . . .

various grade of v:;trious schools functioning in the State of

Maharashtra and other States of the Union of India. The

petitioner no.1 is raising issues concerning the welfare of

students, academic issues, issues regarding school fees and

the implementation of various laws regarding the welfare of

children before various forums. Many students studying in

CBSE, ICSE NIOS and Board approached the

petitioner no.1 for issues they are facing regarding the Board Exams and is thus interested, and directly affected by the out

come of the above mentioned Public Interest Litigation. The

other petitioners are Student as well as the Teachers from

different State, who were aggrieved by the State Board

decision. That, the mental pressure that is created for

performance in this exam is so much that, every year number of

· students commit suicide for fear of under-performance, or of

failure. To make the students appear and face examination with

the additional fear of getting infected be the covid-19 virus will

not only be unfair but the same will be absolutely inhuman.

Hence tlie petitioners are filing the present Writ Petition under

Article 32, . as their claim is genuine and to protect their

fundamental rights of education under article 14 and 21 of the

Constitution of India.

LIST OF :OATES AND EVENTS 2020 A PIL was filed before this Hon'ble Court titled as

Amit Bathla & Am. V. Central Board of Secondary Education & Ors. Reported as (2020) 7

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E . SCC 233 for cancellation of class X and XII

exams which were to be conducted from

01.07.2020- 15.07.2020 by CBSE & ICES Board.

2021 • The 12th class board exams that to be conducted

in month of May was postponed by all State

Government and it was said that they will examine

the situation in June and will take further decision.

Even the class 1 0 th Board exams were cancelled

but the government had not cancelled 12th exams,

saying they have strong immune system.

09/04/2021 The petitioner no.1 by her communication dated

09/04/2021 addressed to Hon'ble Education

Minister, has pointed out the grievance regarding

upcoming 12th Board Exams and to adopt other

alternative modes of assessment for this academic

year.

14/04/2021 • Considering the current situation the CBSE by its

Notification dated 14/04/2021 has postponed the

exams for Class XU to be held from May 4th to June 14th, 2021 are hereby postponed and further the Board Exams for Class X to be held from 4th

• May to June 2021 were cancelled.

17/05/2021 The petitioner no.1 by her communication dated

. 17/05/2021 addressed to Hon'ble Prime Minister,

has pointed out the grievance regarding upcoming

12th Board Exams and to adopt other alternative

modes of assessment for this academic year.

26/05/2021 • That seeing the situation the students tried to

contact to the Education Minister of Odisha Mr.

Samir Ranjan Dash. The president of Student

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. Union of Odisha-NYCS Petitioner No.8 talked to

·the Education minister of Odisha via conference

<pall and told them all the problems and to which

the Education Minister of Odisha told that None of

their problems and demands will be listened ,the

10% course which is completed is sufficient and

they will conduct Examination at any cost.

31/05/2021 As regards to issue of cancellation of Class XII

exam and assessment for further studies of CBSE . & ICSE students are concern, a PIL i.e. Writ

. Petition No.3112021 1s already pending

consideration before this Hon 'ble Court and in the

• said petition this Hon'ble Court by its order dated

31/05/2021 has directed the CBSE to take decision

within two days regarding the examination of

Class XII exam of CBSE & ICSE Students.

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I IN THE SUPREME COURT OF INDIA

• CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.

In the matter of :

1) Anubha Shrivastava Sahai Age: 42, Occ: Adv & Child rights activist Rio 603 Arlington Rodas Enclave, Hiranandani Estate, Thane, Maharashtra.

2) Dineshkumar Gupta Age 36 yrs, Occ: Teacher, . Rio 405, Mauli Pride SRA Ambewadi, Kurar Village, Malad East, Mumbai, Maharashtra.

3) Ashish Rewashank.ar Chourasiya Age 28 yrs, Occ: Teacher, Rio Room No. 517, Indira Nagar, Gaondevi, Vakola pipe line, Santacruz {E), Mumbai, Maharashtra.

4) Dr. A shish Mahendra Age 3 8, Occ: Doctor Rio 1/140 Vibhavkhand Gomtinagar, Opposite Mantri A was, Lucknow, Uttar Pradesh.

5) Pawan Singh Ishwar Singh Wagh Age 45 yrs, Occ: Teacher Rio 6, Shri Krishna Colony, Behind Shiv Colony, Old shirpur road, Chopda, Dist. J algaon, Maharashtra.

6) Mukesh subhashrao Nayak Age 36, Occ:Jr.College Lecture Rio Rh.No A-10 Devgiri Valley, Old Nashik Road, Mitmita, Aurangabad, Maharashtra.

OF 2021

.. Petitioner No. I

.. Petitioner No.2

.. Petitioner No.3

.. Petitioner No.4

.. Petitioner No.5

.. Petitioner No.6

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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I 7) Wasim Saeed Khan

Age: 31 yrs, Occ: Teacher Rio 768, 3/3, Gulistan Welfare Society Gilbert Hill Road ,Juhu lane, Andheri West Mumbai , Maharashtra.

8) STUDENT UNION OF ODISHA- NYCS Through its State Convener Md Manwar Ali RIO Fakir Sahi, P.O. Suhag pur, , Kakatpur, Nayahat, Dist. Puri, Odisha

VERSUS 1) Union of India

Through its Secretary,

.. Petitioner No.7

. .Petitioner No.8

.. Respondent No.1

The Ministry of Human Resource Development, Shastri Bhawan, C-Wing, Dr. Rajendra Prasad Road, New Delhi .

. 2) National Institute of Open Schooling NIOS Through its Chairman, A-24/25 Institutional Area Sector -62, Noida Distt Gautam Budh Nagar , Uttar Pradesh. Email - [email protected]

3) Central Board of Secondary Education Through its Secretary Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi. Email ID: [email protected]

4) Council for the Indian School Certificate Examinations Pragati House, 3rd Floor, 47-48, Nehru Place, New Delhi. Email - [email protected]

5) University Grants Commission (UGC) Through its Secretary, Bahadur Shah Zafar Marg, New Delhi.

.. Respondent No.2

.. Respondent No.3

.. Respondent No.4

.. Respondent No.5

Ishan Marwadya
Ishan Marwadya
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6) Tripura Board Higher Secondary Education (TBSE) Through its Secretary, Pandit Nehru Complex,Gorkhabasti P.O- khujaban Agartala, Tripura Director Email:- [email protected]

7) Goa Board of Secondary and Higher Secondary Education Throlfgh its Chariman, Alto Betim, Porvorim Goa. Email:[email protected]

8) Maharashtta State Board of Secondary & Higher Secondary Education Through its Secretary, Survey No 832-A, Final Plot No. 178 & 179, Near Balchitrawani, Behind Agarkar Research Institute, Bharnburda , Shivaji Nagar , Pune, Maharashtra Email [email protected]

9) Rajasthan Board of Secondary Education, Through its Secretary, Jaipur Road, Police Lines, Ajmer, Rajasthan.

1 0) Gujarat Secondary and Higher Secondary Board, Through its Secretary, Sector 1 OB, Near Old Sachivalay, Gandhinagar, Gujrat, Email: [email protected]

11) M.P. Board of Secondary Education Through its Secretary, Shivaji Nagar, Bhopal, Madhya Pradesh. E-Mail: [email protected]

12) State Board Ofi School Exaniinations(Sec.) '

.. Respondent No.6

.. Respondent No.7

.. Respondent . No.8

.. Respondent No.9

.. Respondent No.10

.. Respondent No.ll

.. Respondent

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& Board Of Higher Secondary Examinations, Tamil Nadu Through its Secretary, DPI,College Road, Chennai, Tamil Nadu, [email protected]

13) West Bengal State Board (WBCHSE) Thrqugh its Secret.ary, 9/2, Block DJ, Sector II, Salt Lake, Kolkata, West Bengal. Email-wbcouncil_ [email protected]

14) Assam Higher Secondary Education Council {AHSEC) Through its Secretary, Bhuban Bhuyan Path, Near Anuradha Anuradha, Railway Colony, Bamunimaidan, Guwahati, Assam. Email id- [email protected]

15) CouiJ.cil Of Higher Secondary Education, Odisha, (Odisha board) Through its Secretary, C-2, Prajnapitha, .Samantapur, Bhubaneswar, Odisha, ' · . E-Mail :[email protected]

16) Kamataka Secondary Education Examination Board Through its Secretary, 6th Cross Rd, Malleshwaram, Bengaluru, Kama taka. Email ID: [email protected]

17) State Board of Intermediate Education, Govt. of Telangana, Through its Secretary, Vidhyabhavan, Nampally Hyderabad, Telangana State. Email: [email protected]

No.l2

.. Respondent No.13

.. Respondent No.14

.. Respondent No .IS

.. Respondent No.16

.. Respondent No.17

I

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5· 18) Jharkhand Acdemic Council, Ranchi ... Respondent

Thrqugh its Secretary, No. 18 Gyandeep Campus, Bargawan, Namkum, Ranchi, Jharkhand. Email - [email protected]

19) Himachal Pradesh board qf School Education .. Respondent Through its Secretary, No. 19 Gyan Alok Parisar, Dharamshala, Distt: Kangra, HJ;>. Email - hpbose20 11 @gmail,:com

I

20) Uttarakhand Board of School Education ... Respondent Through its Secretary, No. 20 Ram Nagar, Dist. Nainital, Uttarakhand [email protected]

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR PASSING OF AN APPROPRIATE WRIT OF AND/ OR ORDER OR ORDERS OR DIRECTIONS SEEKING AGAINST THE RESPONDENTS . TO IMPLEMENT THE DIRECTIONS GIVEN BY THIS HON'BLE COURT IN AMIT BATHLA & ANR. V. CBSE & ORS. (2020) 7 SCC 233 AS REGARDS TO CLASS XII HSC FINAL EXAMS CONDUCTED BY STATE BOARD FOR ACCADEMIC YEAR 2020-2021 OR TO FORMULATE SOME ASSESSMENT FORMULA FOR THESE STUDENTS FOR THEIR FURTHER PROFESSIONAL AND NON-PROFESSIONAL STUDIES BY CANCELLING THEIR EXAMS.

·To THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON'BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED

MOST SHOWETH:

(1) That the present Writ Petition is being filed by the

petitioners seeking writ direction against the Board of

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.,

Higher Secondary Education, NIOS who instead of cancel the

Class XII examinations have postponed for future till the situation in under control. More than 1 Cr. students of class XII

under State Board are left in a perplexed situation due to the

postponement of their examination and in absence of any

concrete stand taken by the State Board. Considering the present

situation wherein large number of cases of Covid with more

than 3500 reported deaths daily, and more particularly the

anticipation of third wave of Covid which is projected to be

more dangerous for children and in such a scenario it cannot be

anticipated when the situation would be under control to · conduct examination of Class XII via physical mode.

Being the respondents State Board remained as mute

spectator over the current situation and not to take a timely

decision in respect of examination and declaration of result of

more thah 1 Cr. students of class XII as it is the utmost duty of

the State to take care of the health and safety of the students and

at the same time not to hamper their· higher education and career

prospects.

(lA) The present petitioner no.l (Aadhaar Card

No.9Q2495718782) herein is a child rights activist and

working for welfare and redressal of grievances of various

students, including the Board Students studying at various

grade of various schools functioning in the State of

Maharashtra and oth·er States of the Union of India. The

petitioner no.l is raising issues concerning the welfare of students, academic issues, issues regarding school fees and

the implementation ofvarious laws regarding the welfare of

children before various forums.,. The petitioner No. 2 to 7

(having Aadhaar Card No. respectively

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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. Pet.No.2:442736040675, Pet No.3:499026266161, Pet

No.4:704469191843, Pet.No.5:972019307760, Pet

No.6:671020626621 & Pet.No.7:665926311937) are teachers

whom many students studying in CBSE, ICSE NIOS and

State approached for issues they are facing regarding

the Board Exams and is thus interested, and directly affected

by the out ·come of the above mentioned Public Interest

Litigation. The petitioner No.8 is Student Union of Odisha

(through .. its State Convener whose Aadhaar No 1s

98673 7 42243 7) who fights for the rights of the Students.

To prove the bona fide petitioner is mentioning the

name of the students who approached the petitioner with

their grievances:

LIST OF STU:PENTS 1) Name: Amlan Mohanty Age: 17 years Occupation: student 12th board Fathers Name: Jibanananda Mohanty Address: Kansa Ghasipura, Kendujhar,

Odisha- 758082 Board: Odisha state board (CHSE, Odisha)

2) Name: Devraj Dutta Age: 18 years Occupation: student 12th board Father name: Debajeet Dutta Address: link road, west Sripuria, Tinsukia *(ASSAM)* Board: CBSE

3) Name: Ravish Narang Age: 18 years , . Occupation: student 12th board , · Address: street no 5, Gururam das nagar, moga, Punjab* Board: CBSE

4) Name: TANMOY SAHA Age: 18 years

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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Occupation: student 12th board Address: Bishnupur, Saha para, West Bengal* Board: WBCHSE

5) N arne: Kruti Thakkar Age: 18 years Occupation: student 12th board Address: 3A/2, Rakesh kunj, marve road, Malad west ,Mumbai 400064, Maharashtra Board: HSC Maharashtra State Board

6).Name: Mohak Khandelwal Age: 17 yrs.

· Occupation: student 12th board Fathers Name: Dinesh Khandelwal Address: SN Enclave, block 405 Chota Bangarda Road, Indore *(MP)* 452005 Board: M P Board

7) Name: Prince Prabhakar Age: 16 years Occupation: studen,t l2th board Parent: Ashram , Address: Prithvipur District Niwari MP Board: MP State Board

8) Name: Pranathi Shreya Age: 1 7 years Occupation: student 12th board Father Name: Ari.ln Senthil Ram Address: no.40 shri sai shreya illam amman nagar ellakudi, Panchayat Trichy *Tamil Nadu* Board: Tamil Nadu State Board

9) Name: Debish Debbarma Age: 18 years Occupation: student 12th board Father name: Amar Debbarma Address: Agartala, West Tripura Board: Tripura State Board Contact: 7085289909

10) NAME: RISHABSINGH

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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Age 18 years Occupation: student 12th board Address: Guijan 8 No. Tinsukia. Assam Board: CBSE

11) Name: Anura 8egum Occupation: student 12th board , · Address: Type 2, Nerist Nirjuli, Papumpare, Arunachal Pradesh* Board: CBSE Age: 17+ Years

12) Name: Tushar Mitra Age: 20 years Occupation: student 12th board Address: DK ROAD WARD N0-7 Near Post office, North Lakhimpur, Assam Guardian name: Tanuja Mitra Board: Assam Higher Secondary Education Council (AHSEC)

13) Name: Rajdeep Bhattacharjee Age: 19 years Occupation: student 12th board Parent name: Gaurishankar Bhattacharj ee Address: Barpeta Road, Milannagar, WARD NO -8 (ASSAM) Post office: Simlaguri Board: Assam Higher Secondary Education Council (ASHEC)

· 14) Name: Sagar Pandit Age: 18 years

Occupation: student 12th board Board: Guj arat State Board Address: A/302,Poojan Apartment. Opp. Seema party plot Satellite, Ahmedabad *Gujarat*

15)Name: Sonali Karkhanis Age: 18 on June 2nd Occupation: student 12th board Board: Kamataka Address: Yeshwanthpur, Banga1ore, Kamataka

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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Board: CBSE

27) Name: Sanchita Gandhi Age: 18 years Occupation: student 12th board Address: House No 7329 Surekha Basti Abohar Fazilka, Punjab Board: Punjab School of Education Board

28) Name: Kaustubh Mane Age: 17+ years Occupation: student 12th board Father name: Pravin Mane Board: CBSE

/L

Address: Raman Officer's wing (c) TIFR navy Nagar, Colaba, Mumbai,

29) Name: Aroush 1Datta Age: 18 years Occupation: student 12th board Board: NIOS Mother name: Sumita Datta Father name: Vikas Datta Address: 22 Akash bld, Sassoon Complex, SBS marg, Colaba, Mumbai 400005 Email ID: [email protected]

(30) Name: Vishal Chaudhary Age: 1 7 years Occupation: student 12th board Parent name- Sujan Singh Board: CBSE State: New delhi Address: D- 70 A Anand vihar arjun park som bazar rdad, Najafgarh Near Nangli station, New Delhi 110043

(31) Name:: San jay Kumar . Age: 18 years

Occupation: student 12th board Father's or mother's name: Sh. Sita Ram Address: Jasania, Sirsa, Haryana, 125110 Board: HBSE

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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I '

(32) Name: Mohd Javed khan Age: 1 7 years Occupation: student 12th board Father name: Mr. sohrab khan Mother name: jareena begum Address: vill.khata chinta man post. dhamora -243701 district rampur-244901 (UP) Board: U P bqard

· (33) Name: Mayank Gupta Age: 22 years Parent Name: Munni Devi Occupation: student 12th board Board: National institute of open schooling Address: Gupta Niwas, AT+PO- Sinirahi bazar, Distt- Supaul, state- Bihar, PIN- 852111

(34) Nall).e: Prashant Kishore . Age: 17 years

Occupation: student 12th board Father Name: Omprakash Malviya Mother Name: Mamta Malviya Board: Jharkhand Academic Council Address: Kadru Ranchi, Jharkhand -834002

(35) NAME: ABIJEET ANANAD AGE: 16 years Occupation: student 12th board FATHER NAME: BOLA MISHRA

I .

MOTHER NAME: SUNITA MISHRA ADRESS: JHARKHAND, DHANBAD BOARD: JHARKHAND BOARD (JAC) PIN CODE: 828122

(36) Name: Aryan Kumar Age: 17 years Occupation: student 12th board Father Name: Asit Kumar Mother N arne: Ruby Devi

Ishan Marwadya
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Ishan Marwadya
Ishan Marwadya
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Board: Jharkhand Academic Council Address: Bank colony, Jharkhand District: Pakaur- 816107

(37) Name: Abhishek Madheshiya Age: 18 years Occupation: student 12th board

. Father Name: Mr. Subash Kumar Gupta Address: Salempur , Deoria ( Uttar Pradesh ) Board:CBSE

(38) Name: Aashraya Katiyar Age: 19 years Occupation: student 12th board Father Name: Mr. Sanjaya Kumar Katiyar

. ' Address: krishnanagar-8 , Kapilvastu (NEPAL ) Board: NIOS

(39) Name: Rakhal Barman Age: 20 years Occupation: student 12th board Parents name: Radha Krishna Barman Board: CBSE Address: Mangan, North Sikkim, Sikkim

(40) Name: samuel paul Age: 18 years1,

Occupation: student 12th board Address: Ponda, Goa Board: Goa state board

(41) Name: Anubhav Age: 1 7 years Occupation: student 12th board Parent name: S.P Goswami Board: Uttarakhand board Address: Dehradun, Uttarakhand-248001

( 42) Name: Deepak Gupta Age: 18 years Occupation: student 12th board Parent name: Bhirgunath Prasad Gupta Board: CBSE Address: Jorethang S. Sikkim

I '

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
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( 43) Name: Shubham Maulekhi Age: 1 7.2 years Occupation: student 12th board Parent name: Mr. Ganesh Datt Board: Uttarakhand board Address: Ram Nagar, Nainital, Uttarakhand

(44) Name: Heet Patel Age: 18 years Occupation: student 12th board Parent Name: Nilesh Patel Board: Telangana board (TSBIE) Address: Adilabad, bhuktapur, Telangana

( 45) Name: G LIKHIT REDDY Age: 17 years

. Occupation: student 12th board Parent name: G SURENDER REDDY Board: Telangana board (TSBIE) Address: Uppal Hyderabad

(46) Name: Uttkarsh Khashia Age: 18 years Occupation: Student 12th board Parent Name: Naresh Khashia Board: Himachal Pradesh state education board Address: Aditya lodge near monal public school Sanjaulli Shimla 171 006

I '

4 7) Suraj Pal Singij Age: 20 yrs . Occupation: Student 12th Board· Fathers name: Kripal Singh Kishangarh # 208 Chandigarh 1601 0 1 Board NIOS

(3) That the entire litigation costs and other charges is being

borne by the Petitioners themselves.

( 4) That there will be no injury caused or likely to be caused

to the public at large, as it is the violation of fundamental right

Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Ishan Marwadya
Page 23: SHASHIBHUSHAN P ADGAONKAR

!£ of the petitioners as well as several other similarly placed

citizens that they have approached this Hon'ble Court for

appropriate relief.

( 5) That it is submitted that there is no civil, criminal or

revenue litigation or Writ Petition, aapplication including

Review Application etc. or any other proceedings arising from

or related to relief sotJght in the instant matter, involving the

petitioners or any of the petitioners, which has or could have a

legal nexus with th¥ issue(s) involved in the Public Interest

Litigation.

(6) That the Petitioners are in position to deposit any cost

imposed by this Hon'ble Court.

(7) That the petitioners are 'filing the present writ petition in

public interest. The petitioners have no personal interest in the

lttigation and the petition is not guided by self-gain or for gain

of any other person I institution I body and that there is no

motive other than of public interest in filing the writ petition.

(8) That the petitioners have based the instant writ petition

from authentic information and documents obtained from

various governments departments/ portals/ R TI applications.

(9) That the petition, if allowed, would benefit the citizens of

this country generally as rule of law is essential for democracy

and such brazen violation of law by the respondents can be

stopped by the orders of this Hon'ble Court only.

(10) That the persons affected by such acts of the State are

numerous and are not in a position to approach the Hon'ble

Court hence the petitioners are filing the present PILon behalf

of such affected persons.

(11) This Hon'ble. Court can only pass order in respect of

relief sought by petitioners. That the respondents are the

Page 24: SHASHIBHUSHAN P ADGAONKAR

necessary parties to this Petition since it is the appropriate

authority to pass order for violation of fundamental rights and

implement the relief sought for in this Petition.

(12) The Petitioner has approached this Hon'ble Court, as this

Hon'ble Court is the appropriate authority and vested with

power under the Constitution of hh.dia for passing appropriate

directions.

BRIEF FACTS OF THE CASE:

. (i) The petitioners submits that the students in all the States as

well as their :parents are very worried about conducting the 12th

board examination due to high rate of growth of COVID-19

cases in all over Country along with the high possibility of 3rd

wave which will affect the students very badly, and also due to

incompletion of course in this pandemic situation. In most of the

States during the lockdown period of June -December,2020 no

classes were provided to Students. Almost 98% of schools of all

the Stat(is had not conducted any online class for Students in

that period. Looking into the matter the most of State

Government· & Education department has declared for 100 days

offline class fpr students and will conduct exams after 1 00 days

offline classes. The government said the students have to bring

"NO OBJECTION CERTIFICATE" signed by parents to join

offline classes. But most of the parents were unable to allow

their child for offline classes in the pandemic. And it is said that

it is not compulsory for all students to join offline classes.

Moreover None of the college followed COVID-19 protocol for . '

offline classes. Seeing this kind of situation the students feared

to join offline classes. The offline classes were conducted for

only 15-20 days, and 5% course is also not completed and how

Page 25: SHASHIBHUSHAN P ADGAONKAR

will the students give exams when 95% of their course is not

completed yet.

· ii) The submit that a PIL was filed before this

Hon'ble Court titled as Amit Bathla & Am. V. Central Board of

Secondary Education & Ors. Reported as (2020) 7 SCC 233 for

cancellation of class X and XII exams which were to be

conducted from 01.07.2020 - 15.07.2020 by CBSE & ICSE

Board and in that case this Hon'ble Court by its order has

accepted; the draft Notification of the CBSE board regarding

cancellation dr Class X & XII exam and further accepted the

formula of the assessment for the Class XII. It is pertinent to

note here that as regards to State Board Class X & Class XII

exams of 2019-2020 was concerned, the same was already

conducted in most of the states prior to initiation of lockdown in

March 2020. The copy of Judgment and order in Amit Bathla & . Am. V. Central Board.of Secondary Education & Ors. Reported

as (2020) 7 SCC 233 is herewith annexed and marked as

ANNEXURE P-1-(Page .26 -Lf ). iii) The petitioners submit that the 12th class board exams

that is to be· conducted in month of May was postponed by all

State Government and it was said that they will examine ·the

situation in June and will take further decision. Even the class

1 0 th Board exams were cancelled but the government had not

cancelled 12th exams, saying they have strong immune system.

The students were dissatisfied by this kind of behaviour of State

Government and stressed and worried about their future and

carrier. The copy of press statements made by different State

Government. regarding the XII HSC Board Exams is • I .

herewith annexed and marked as ANNEXURE P-2-

(Page 0 o -'IL- ).

Page 26: SHASHIBHUSHAN P ADGAONKAR

iii) The petitioners submit that the petitioner no.1 by her

communication dated 09/04/2021 addressed to Hon'ble

Education Minister, has pointed out the grievance regarding

upcoming 12th Board Exams and to adopt other alternative

modes of assessment for this academic year. The copy of . communication dated 09/04/2021 is herewith annexed and

marked as ANNEXURE P-3-(Page lfl' '-r $1. I

iv) The petitioner submits that considering the current

situation the. CBSE by its Notification dated 14/04/2021 has

postponed the exams for Class XU to be held from May 4th to

June 14th, 2021 are hereby postponed and further the Board

Exams for Class X to be held from 4th May to June 2021 were

cancelled. The copy of Notification dated 14/04/2021 is

herewith annexed and marked as ANNEXURE P-4-

(Page Lf) ).

v) The petitioners submit that the petitioner no.l by her

communication dated 17/05/2021 addressed to Hon'ble Prime

Minister, has pointed out the 'grievance regarding up·coming . '

12th Board ·Exams and to adopt other alternative modes of

assessment for this academic year. The copy of communication

dated 17/05/2021 is herewith annexed and · marked as

ANNEXURE P-5-(Page Lp6 --lf)}).

vi) The petitioners submit that seemg this situation the

students tried to contact to the Education Minister of Odisha Mr. ' . i

Samir Ranjan Dash. The State Convener of Student Union of

Odisha-NYCS Petitioner No.8 talked to the Education minister

of Odisha via conference call and told them all the problems and

to which the Education Minister of Odisha told that None of

their problems and demands. will be listened, the 10% course

which is completed is sufficient and they will conduct I '

j

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Page 27: SHASHIBHUSHAN P ADGAONKAR

2-D Examination at any cost. The copy of communication dated

26/05/2021 is herewith annexed and marked as ANNEXURE

P-6-(Page ). ;

vii) The petitioners submit that as per the decision taken by

CBSE & ICES Board regarding cancellation of Class X exam,

many State Boards also cancelled the Class X exam but as ' .

regards to Class x;n exam, they ·have postponed it and till now

no decision. has been taken. In different High Courts the

decision of State Government regarding cancellation of Class X

exam was challenged, out of which Chennai High Court has

dismissed the said challenge whereas the matter before Bombay

High Court is still pending.

viii) The petitioners submits that the petitioners had made

various representations before the Union Govt and the State

Government for internal assessment of board students and to

find out an alternative for offline exam as the same cannot be

conducted due to alarming rate of growth of covid-19 cases.

Thus uniformly there is consensus of thought and decision of all

the education boards that it will be in the interest of the children

that the examinations are cancelled and an alternative criterion

is evolved for assessment of the students. The petitioners

therefore submit that, in fact subjecting the children to write the

examination and conducting the examination when the covid 19

wave is at its high, with the number of patients infected is rising

day by day, when there are seen unprecedented mortality

numbers, when the experts are predicting a third wave of

resurgen9e likely to mostly affect children and young people, it

will be violating their right to life. Putting the lives of so many

students at risk of a possible known hazard will be them

as a Judas goat. The petitioners further submits that this year has

Page 28: SHASHIBHUSHAN P ADGAONKAR

2/ to be considered as an exceptional year because of the pandemic

situation. While education is important it can not be more

important than the lives of childreh, teachers, other staffs and

parents of the children who will venture out to appear for

physical exam.

ix) The petitioners submit that though the petitioners are

professing the stand of cancellation of Class XII exam in

physical mode, but that doesn't mean that the petitioners have

overlooked the important aspect that Class XII leads to choosing

a professional course and hence some form assessment is

· become necessary. It is pertinent to mention here that as like the

professional courses there should be some formula of

assessment of non-professional courses and for that it is duty of

the UGC to constitute some committee to frame such formula of

assessment within a time limit as students are already under

stress due to. this uncertainty and delay in taking such decision ;

which will also deny opportunities for higher education in India

and foreign . universities. The Petitioners further submits that

they have conducted a survey for students from different boards

with the help of teachers and social workers regarding the mode

of exam to be adopted by Govt and many students and parents

took part in the same. In the said survey 80% students are in

favour of internal assessment , 16% in favour of online mode

and 4% in favour of ·offline, that means 96% students were

against offline exam. The copy of response received in the

survey shown in the pie chart is herewith annexed and marked as ANNEXURE P-7-(Page ).

x) The petitioners submit as regards to issue of cancellation

of Class XII exam and assessment for further studies of CBSE

& ICSE students are concern, a PIL i.e. Writ Petition

Page 29: SHASHIBHUSHAN P ADGAONKAR

No.31/2021 1s already pending consideration before this

Hon'ble Court and in the said petition this Hon'ble Court by its

order dated 31/05/2021 has directed the CBSE to take decision

within two days regarding the examination of Class XII exam of

CBSE & ICSE Students. The petitioners by this present Writ

Petition have tried to bring the same issue pertaining to Class

XII students bf State Board i.e. HSC of different States and

NIOS including compartment students.

xi) That the present petition is made bonafide and in the

interest of justice concerning the cause of large no. of students

of the country.

xii) That the annexure filed with the petition are true copies of

the respective

xiii) That the petitioner has not filed any other similar petition

seeking similar relief.

PRAYER

In the circumstances, it is therefore, most respectfully

prayed that this Hon'ble Court in the interest of justice

may graciously be pleased to -

a) Issue an appropriate writ of Mandumas and/or order or

directing to the Respondents No.6 to 20 to pass a

Notification regarding cancellation of Class XII exam of

State Boards i.e. HSC and NIOS in physical mode and

further to either .constitute committee to decide

the formula of assessment of students

compartment students and declare the result within a time

limit and deadline or .to adopt the directions of this

Hon'ble Court in Writ Petition No.31/2021.

Page 30: SHASHIBHUSHAN P ADGAONKAR

43 b) And also issue an appropriate Writ of Mandamus to

Respondent No.5 UGC to constitute a committee to . decide a formula for assessment of Class XII students

who want to pursue their further studies in non-

professional courses by conducting an aptitude test or

some other mode of assessment within a time limit and

deadline.

c) Pass such other or further orders as to this Hon'ble Court

may deem fit and proper in the facts and circumstances of

the case;

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

AS IN DUTY BOUND SHALL EVER PRAY.

I)rawn & Filed

SHASHIBHUSHAN p ADGA07KAR ADVOCATE FOR THE PETITIONER

Drawn on:· 31.05.2021 Filed on .: 01.06.2021 Place: New Delhi

Page 31: SHASHIBHUSHAN P ADGAONKAR

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.

IN THE MATTER OF:

ANUBHA SHRIVASTAVA SAHAI &ORS

VERSUS

UNION OF INDIA & ORS

AFFIDAVIT

OF 2021

... PETITIONERS

... RESPONDENTS

I, Anubha Shrivastava Sahai, Age: 42 Years, Rio 603, Arlington

Rodas Enclave, Hiranandani Estate, Thane, Maharashtra do

hereby solemnly affirm and state as under:

. . 1. That I am one of the Petitioner in the above mentioned Writ

Petition and conversant with the facts and circumstances of

the case and as such, I am competent to·swear this affidavit.

2. That I have read the contents of the accompanying writ \fan- /ToLr J

petition"" and LA. from Page No._/_to Page No. Ls-,

synopsis and list of dates from Page to Page

No.£. I state that the facts stated in the petition are true

and correct to my knowledge and belief.

' 0

3. I state that no similar petition has been filed seeking similar I .

relief.

Page 32: SHASHIBHUSHAN P ADGAONKAR

4. That the annexures filed along with the accompanying Writ

Petition are true copies of their respective originals.

VERIFICATION:

Verified at on this day of , 2021 that thy -------- ----contents of the above affidavit are true to my knowledge and

belief. No part of it is false and nothing material has be

concealed therefrom.

Ishan Marwadya
Ishan Marwadya
Page 33: SHASHIBHUSHAN P ADGAONKAR

a

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SCC Online Web Edition, Copyright© 2021 Page 1 Tuesday, June 01, 2021 Printed For: Mr. S legal Associates $CC Online Web Edition: http://www.scconline.com Tr1,1ePrint™ source: Supreme Court Cases

f17l.nexucYe-P-J L-6 ........................................................................................................................................................................................................................................ , ................ _ ........................................................... ..

AMIT BATHLA v. CBSE 233

(2020) 7 Court Cases 233 (BEFORE A.M. KHANWILKAR, DINESH MAI-IESHWARI AND SANJIV KHANNA, JJ .)

AMIT BATHLA .AND OTHERS Petitioners; Versus

CENTRAL BOARD OF SECONDARY EDUCATION AND ANOTHER .. Respondents. Writ Petitions (C) No. 566 of 2020t with Nos. 583-84, 590, 596 of 2020

and Petition (C) No. 674 of 4020, decided on June 26, 2020 Human and Civil Rights ....... Humanitarian and Natural Disasters,

Epidemics Pandemics ....... Covm-19 Pandemic Social distancing and quarantine guidelines of Government affecting educational cur.riculum - Academic Year 2019-2020 - Failure of conducting. examinations/incomplete examinations for Classes X and XII of the Central Board of Secondary Education (CBSE) and the Indian Certificate of Secondary Education (ICSE) - Assessment methodology based on past performance suggested by CBSE, accepted - Students of Class XII can also

. opt for optional examination as per suggestion of CBSE - ICSE also would be notifying similar assessment method with addition of optional examination for Class X also.

Clarified that present order does not deal with any other issue which may arise for consideration in some other proceedings pending before High Courts or Supreme Court except subject-matter of conducting examinations for Classes X and XII for Academic Year 2019-2020 by CBSE ICSE, respectively - Education Law - -. Right to hold/Holding/ Conduct/Date/Schedule of examination

SS-D/64410/C

Advocates who appeared in this case : Jaideep Gupta, Senior Advocate [Rishi Malhotra (Advocate-on-Record), Bhargava,

Ms Vanita Bhargav1;1. (Advocate-on-Record), Ms Trishala Triveoi, Sandeep Jindal (Advocate-on-Record), Siddharth (in-Person), Rajat Sabu, Mriganga Dutta, P.S. Sudheer Ms Shruti Jose, Kunal Chatterji (Advocate-on-R<;:cord), Shotimendu Mukherji, Ms Maitrayee Banerjee, Pravar Veer Misra and Vageesh Shanna, Advocates], for the Petitioners;

1\lsha:r Mehta, Solicitor General and Jaideep Gupta, Senior Advocates [Rupesh Kumar (Advocate-on-Record), Rajeev Shanna, Ms Neelam Sharma, Ms Pankhuri Shrivastava, Gurmeet Singh Makker (Advocate-on-Record), Kanu Agrawal, Rajat Nair, Rupesb Kumar (Advocate-on-Record), Rajeev Sbanna, Ms Neelam Sharma, Ms Pankhuri Shrivastava, Kunal Cbatterji (Advocate-on-Record), Sboumendu Mukherji, Ms Maitrayee Banerjee, Pravar Veer Misra, Vageesh Sharma, Mathews J. Nedumpara, Ms Manju Jetley (Advocate-on-Record), Rahul G. Tanwani, Anantha Narayana M.G. (Advocate-'on-Record), Yuvraj P. Narvankar and Anand Dilip Landge (Advocate-on-Record), for the Respondents.

t Under Article 32 of the Constin1tion of India

3..JI!dge Bench 2020

.,J;m;26

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True Prhif"

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234 SUPREME COURT CASES

ORDER

(2020) 7 sec

1. The core issue involved in these matters is about conducting examinations for Classes X and XII of the Central Board of Secondary Education an,d the Indian Certificate of Secondary Education (ICSE) respectively.

2. As regards CBSE examinations, CBSE has presented a draft notification for our consideration.

3. After perusing the same and taking into account the suggestions given by the counsel appearing for the parties concerned, we see no difficulty in permitting CBSE to issue the said notification forthwith. The draft notification reads thus:

N011FICATION Keeping in view the requests received from various State Governments

b

and the changed as on date, following has been decided: c 1. Examinations for Classes X and XII which were scheduled from

1-7-2020 to 15-7-2020 stand cancelled. 2; Assessment of the performance of students in the cancelled

examinations will be done based on the assessment scheme as suggested by competent committee of CBSE for dechu:ation of result for both X and Class XII. The said scheme is mentioned in 7 below. d

3. Results based upon the aforesaid assessment scheme will be declared by 15-7-2020 so that candidates can apply and seek admissions in Higher Education Institutions in India and abroad, based thereon.

4. However, for Class XII, CBSE will conduct an optional examination. in the subjects whose examinations were scheduled to be .condt1cted from 1-7-2020 to 15-7-2020 as soon as conditions e are as assessed and decided by the Central Government. Candidate,s whose results will be declared based on the assessment scheme will be allowed to appear in these optional examinations to impro,ve their performance, if they wish so. However, the marks obtained by a candidate in these optional examinations will be treated as final for those who have opted to take these examinations. · f

5. For candidates ·in Class X, no furthe,r examinations will be conducted and the result declared by CBSE on the basis of assessment scheme will be treated as final.

6. For Class XII, the result declared by CBSE under Sl. No.2 above will be considered as final unless the students opt for Sl. No. 4 above.

7. Assessment Scheme: 9 (a) For t:J,1e of both Classes X and XII, who have

completed all their examihations, their results will be declared based on their performance in the examinations.

(b) For students who have appeared in the examinations in more than 3 subjects, the average of the marks obtained in best h

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JON True Print"'

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-----------------------------------·-----------------------------------·-----------·-----------·------------------------------------------------------------

a

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235 three performing subjects will be awarded in the subjects whose examinations have not been conducted.

(c) For students who have appeared in the examinations in only 3 subjects, the average of the marks obtained in the best two performing subjects will be awarded in the subjects whose examinations have not been conducted.

:(d) There are very few students of Class XII, mainly from Delhi, who have appeared in the examinations in only l or 2 subjects. Their results will be declared based on perfom1ance in the appeared subjects and performance in internal/practical project assessment. These students will also be allowed to appear in the optional examinations cond\lCted by CBSE to improve their performance, if they desire to do so. Result of these students will also be declared along with other students.

4. Resultantly, all these petitions pertaining to CBSE examinations pending in this Court or any other court shall be deemed to be disposed of in terms of the proposed notification to be issued by CBSE.

5. Accordingly, if any other petition is pending in this Court or any other court concerning the subject of conducting examinations for Classes X and XII by CBSE sqheduled from 1-7-2020 to 15-7-2020, the same will be governed by this order and notification approved by this Court.

6. As regards ICSE, the counsel appearing for the said Board, on instructions, stated that ISCE in principle would issue similar notification with additional referred to in the affidavit filed by them. To wit, Para 6 of the affidavit reads thus:

"6. In the light of the aforesaid, the respondent has taken the following decisions with regard to ICSE (Class 10) and ISC (Class 12) Year 2020 Examinations:

(i) The remaining papers in the ICSE and ISC Year 2020 Examinations as scheduled from 1-7-2020 to 14-7-2020 as per press release/Notification dated 22-5-2020 shall stand cancelled.

(ii) Results of all the candidates for the remaining papers in the ICSE and ISC Year 2020 Examinations will be declared as per methodology decided and adopted by the respon(ient i.e. CISCE.

(iii) If the situation is deemed conducive, in the near future, CISCE may give an option, to candidates to write any or all of the remaining papers of the ICSE/ISC Year 2020 Examinations at a later date whereby the marks so obtained by the candidate in that written examination(s) shall be .considered as their final marks."

7. Two aspects have been highlighted during the hearing by the counsel for the ICSE, as follows:

7 .1. ICSE may consider of conducting optional examination for Class X as h well and abide by the same terms as regards the optional examination regarding

Class XII referred to in the draft notification of CBSE, reproduced above.

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I 0 N Eif' True rinf'

SCC Online Web l:oitiqn, Copyright© 2021 Pa!Je 4 Tuesday, 01, 2021 Printed For: Mr. S legal Associates SCC Online Web Edition: http://www.scconline.com TruePrint"TM source: Supreme cases .................................................................................................................................................................................................................. -.... -............ -..

23(5 COURT CASES (2020) 7 sec 7.2. The Assessment ofiCSE is different, which would be notified

within que week from today on the website of the ICSE. 8. Rest of the stipulations in the draft notification· of CBSE, referred to

above, are acceptable to ICSE in principle, which would be reflected in the proposed notification to be issued by ICSE in that behalf.

9. In terms of this order, all proceedings/petitions pertaining to the matter of conducting examinations for Classes X and XII by ICSE for Academic Year pending in this Court or any other court shall be governed by this order and deemed to be disposed of accordingly.

10. We make it clear that this order does not deal with any other issue which may arise for consideration in some other proceedings pending before the High Court or this Court except the of conducting examinations for Classes X and Xil for Academic Year by CBSE and ICSE respectively.

11. The writ petitions, transfer petition and pending applications shall stand disposed of in the above terms.

k T·(_

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f/YD1-e.xu-:r -..e- 19 :_ L Views of various state/boards take on Board exams yv

INTERNATIONAL BOARDS Cambridge

No Cambridge exams for 12th , The Cambridge International Board that the class X and XII students will be promoted on the bases of school assessed grades, parent relieved.

Mumbai: The Cambridge,lnternatlor)allateon Friday announced it had cancelled fur in India decided. to move to school-assessed grades for

classes X to XII.

In a communication to its affiliated schools, the board said, "In view of the increasing number of Covid-19 cases in the country, we have decided to switch

International schools in India, from exams to school-assessed grades, so that students can receive certification and progress with their education." The board has shared with its schools guideiines for collecting evidence to school-assessed grades and how to work out the final grade for each student

As multiple education boards either cancelled or postponed board exams over the past few days. students and parents from Cambridge International-affiliated schools were a \NOrried lot as the board had earlier stated that it would take a decision by Monday, April19.

"It was very stressful considering that the exam was only a couple of days away. We are relieved with the board making an announcement." said a parent.

Source- (April 17th ) • http:/ /timesofindia. indiatimes. com/articleshow/821 08752 .ems? utm source=contentofinterest&utm medium=text&utm campaign=cppst

IB Non-examination route for 12th.

The IB Board has reportedly released an official announcement to all schools in India that they will follow the Non-exam route in India.

Source ( DNA INDIA) -

https:l/wv.tW.d -bQa

Page 38: SHASHIBHUSHAN P ADGAONKAR

NATIONAL BOARDS 3/ NIOS (lOth Cancelled, 12th Postponed) (official notice)

(t} m Theory and of Sr. Secor\dary· and YOJ:IIfonll ... Qol.ltNS tn JUM 2021 are lbtl.NlOS

on will be 2ff'June. 2Q21. The 1hi8 «oVd .. $hd· 15 days. In ad\fimc».l)rior elate of

m lbeoty. n·Practlcal.«>f iA .. J&me· 2021 are ·Tt\e NlOS wilt .. crlerla. for

in Ute. t>e8t •.w®· wi»l Public

Examination at alld when ·

.. • requ .. theR.-localddie$.· .

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··•· ·tic Headsofctte.Departmenta. NIO$ ·kfmf fnfoitnalbt oUfte a .• · .. ·

4. .... Udon)4&H .. . .. . ... ·. toadl"G on NIQS portal &. Sh .. Officer tot Pdrtt. Soc.W

Madia·

Page 39: SHASHIBHUSHAN P ADGAONKAR

ICSE/ISC

1Oth Internal 12th not decided

Amid the rising tension over taSE Class 12 Board Exam 2021, the Council for Indian School Certificate Examination (CISCE) ba.s asked the schools to submit data including the average marks obtained by the students of Class 12 in their class 11 and current seSsion.

The board bad earlier CISCE Class 12 exams 2021 due to the rising case of COVID-19 in India. The exams were scheduled to be conducted from May 4.

Due to the ongoing COV1D·l9 scenario, students and parents have been demanding the cancellation of the Class 12 exam tbis year,. but the board is yet to announce the final The exams for class 10 have already been cancelled by CISCE. The ministry of education is likely to announce the decision on class 12 on June 1, 2021.

Source ( DNA INDIA) -https: I !www .dnaindia.com/education/report 2021-board-asks-schools-to-submit-average-marks-of-class-11-big-update-on-class-12-result-2892580

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CBSE CBSE 12th Cancellation: Truncated Papers Or Results Based On Past Exams? 'Nothing Certain Yet,' Says Official

In the meeting of Unlc;m Minist(i!rs and State Education Ministers, the CBSE had shared two proposals for Class 12 exams - conduct1ng regular exams for only major subjects at notified centres or hol<;ling shorter-duration exams at the school where a student is enrolled. later, Union Education Minister Ramesh Pokhriyal 'Nishank' had asked states to send their detailed suggestions on these exams by May 25.

"While majority states have favoured the option proposed by the CBSE about shorter duration exams for major subjects In August, the 19 situation is still being reviewed and cancellation of exams and marking students on the basis of previous ex$ms is still an option,u PTI quoted an unnamed source as saying.

The Supreme Court of India will hear two pleas tomorrow, May 31 - one for the cancellation of CBSE 12th board exams, and the other against it.

A day before the top courts hearing, students across the country have tweeted with #cancelboardexam, raising their voices against holding exams amid the ongoing Covid-19 pandemic. I

CBSE's decision on Class 12 board exams is expected in the first week of June, 2021.

Source- ( NDTV) https://www.nQ.tv.cornleducation/cbse-12th-cancellation-truncated-papers-or-results-based-on-past-exams-nothing-certain-yet-says-official

Page 41: SHASHIBHUSHAN P ADGAONKAR

STATE BOARDS

Chhattisgarh CGBSE 10th Internal 12th Home exam (open book exams)

T to Union Education Minister is attending a high-level meeting with several ministers on holding class 12 board exams. .Even as the CGBSE has decided to go ahead with class 12 boards, the mode of exams will not

be the same.

Students will be given question papers and answer sheets and they will have to attempt the exams from and submit the answer sheets within five clays- time. For instance, if a student gets a question paper on June 1, they will submit answers by June 6 to their respective schools. Students will have to physically go to schools and submit their answer sheets.

Source (News 18 )-

https :/ /www .news 18 .com/news/education-career/ chhattis garh-c gbse-12th -board-exams-from-june-1-students-to-take-exams-from-home-cgbse-nic-in-3767 56l.html

DELHI ( education minist(fr ) Many ways to assess students without offline examination - Delhi Education Minister

CBSE Class 12 Board Exam 2021 Latest News: ·VACCINATION or CANCELLATION -this is what Delhi Education Minister Manlsh Slsodia SUGGESTS Amidst this situation. the Delhi Deputy Chief Minister Manlsh Sisodla, on Tuesday reiterated his demand of

or cancellation· in his suggestions sent to the Central government on conducting class 12 board exams.

Source-https :/ /www .zeebiz .com/ bse-class-12-board-exam-2021-latest -news-vaccination-or-cancellation-this-is-what -delhi -education-minister-manish-sisodia-su ggests-1573 70

Page 42: SHASHIBHUSHAN P ADGAONKAR

Maharashtra (HSC)

Maharashtra: The Maharashtra board is yet to take a decision on Class 12 board exam 2021. The board will review the situation in june and decide accordingly. The sse exams

cancelled earlier this year in wake of the pandemic.

Source- (India.com) https ://www.india.cornleducation/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-cicse-class-12-exams-maharashtra-rajasthan-telangana-west-bengal-gujarat-chhattisgarh-board-exam-datesheet-latest-news-today-may-29-2021-4699782/

Education Minister-

: /

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Page 43: SHASHIBHUSHAN P ADGAONKAR

CM ( Maharashtra ) -

Odisha Class 12 Board Exam: Odisha Govt To Take Decision On Centre's Proposals After Cyclone Yaas

Source-

I' I

0 disha government will take ded.si. 'on on condUd:ing +2examsafterthe impending cyclone, iD.fomJ.ed. Ottisha School and Mass Education Mhrlster Samir Ranjan Dash on Sunday.

Aftet attend.iq a meeting chaired by Defe»te MinJsm Rajnath Sf.nsh and. attmded by Education Ministers and Secretaries ot various States. Dash said, "'The Centre has provld.ed us with two options. We coukl hold the exams after the COVIDsituation improves or we could cut short the exams to make iteasyforthe students.•

However) a final decision on the Centre's proposals will only be taken after the cyclone tllreat subsides. Dash said.

. Taking into account all,India entrance exams. states have to take a decision in the interest of students. he added.

Union Defence Minister Rajnath Singh bad chaired. a meeting of state Education Ministers and. state Education Secretaries to decide on pending Class l2 boardexamsthatwere postponed in vlewofthe second wave of Covid..:19

Union Mln.lster fm: Education Ramah Pokhriyal'Nishank'; Union Minister for Women and Child, Smrlti ZUbin Irani and Union Minister Information and Broadcasting. Prakash Javadelmr were also present at the meet.ing.

Taldng to Twitter. the Union Hducation Minister ltamesh Pokbrlyal Nishanksaid. "1b.e meeting with other states on C1als 12th board exams was fruitful as we received .immensely valuable SUJPSt(ous. I have requested the State to send me their detailed suggestions by May 25th."

' . 'We'D. be able to amveatan collaborative decision regarding Class 12th board exams a remove uncertainty among stu;dents and parents by informing them of our decision at the earnest. Both students' and teachers' safety is supremely important to us." said Pokhriyal.

On Ma.J22. PokbdyaJ. had sought suggestions from parents. teachers and students in this . . connection. •Friends, I need your valuable can send them on my 1 he had tweeted. I

https :/ /odishatv .in/news/education/class-12-board-exam -odisha-govt cyclone-yaas-4 7184

1-

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Uttar Pradesh

New Delhi: In view of the surge in the number of Covtd cases In the state, the Uttar Pradesh Madh'yamik Shlksha Patishad (UPMSP) on Saturday announced that the board examination for Class 10 students have been canceUed, and for those In Cfau12, the exam Ia propoaed in the second week of July, if the situation is conducive to conduct the exams. Duration for C1ass 12 exams has been reduced to 90 minutes frOm the usual3.15 hours. This year, only three questions will be esked in one paper. Get quick latest upclatu about 12th board exams through SMSJE-maiL Click here tD SUbscribe. UPDATE: Admissions open at SRM Unlv •'lbp Pvtumv.dy Apply Now The state government has also decided to promote students of Class 6, 7, 8, 9 and 11 without examination.

Class 1 o and 12 examinations. scheduled to be conducted from May 8, were deferred In April due to the second wave of the coronavlrus.

UP Education Minister Dinesh Sharma on May 26 said that the state has already allocated 8,513 centres for board exams and got the question papers printed. "We have already printed the papers. made 'setS of decoded copies and allocated 8,513 centres to follow aoclel dlstanci?g during examinations: Deputy CM Dfnesh Sharma said.

On the same day, Uttar Pradesh Health Minister Jai Ptatap Singh also pointed that the state had conducted panchayat polls and it will not be difficult to hold board exams. "When education department will finalise (dates for 12th board exams) then health department wiiJ see how to maintain covm protocols ln [exam I centres. We've conducted panchayat polls and other programmes following COVIDprotocols. So,ltwon'tbedifficult for us; Mr Singh said.

A total of 56.03,813 candidate$ have registered for the Uttar Pradesh Classes 1 o and 12 board exams this year. According to official data.. as many as Class 1 D students will be promoted to the next class without exams this year. 26,10.316 students will appear for Class 12th UPMSP final exams.

Click here for more Education News

Source-https :/ /www .ndtv .com/ education/uttar-pradesh-cancels-class-1 0-board-exams-class-12th-be-held-in-july

·'

Page 45: SHASHIBHUSHAN P ADGAONKAR

Jharkhand 38 Due to the surge in COVID-191 cases, Academic Council (JAC) has postponed examinations of Classes 10 and 12. A me·eting will be held on June 1 to review the situation, & further decisions will be taken according to the situation. ·

Source-https :/ 2021-click -here-for -latest-dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Goa

The state has decided to cancel the 1Oth Bo(}rd Exams and said that the criterion for promotion will be announced shortly. Moreover, alLunsuccessful candidates will be allowed to keep terms (ATKT) in Class XI. The decision with regard to the Class 12 board exams will be announced by May 25,2021

Source-https :/ /www .freepressjoumal.in/india/exams-2041-clic k-here-for-latest-dates-of-class-1 0-class-12-board-exams-of -cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Madhya Pradesh

The Class 10 board exams have been cancelled by the Madhya Pradesh School Education Department due to the rising COVID-19 cases and a decision with regard to the Class 12 board exams will be taken in the first week of June.

Source-https:/ /www.freepressjoumal.in/india! exams-2021-click -here-for -latest-dates-of-class-1 0-class-12-board -exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Himachal Pradesh ·

Himachal Pradesh Board df Secondary Education (HPBOSE) has cancelled the class 10 board exams in the state. The students will be evaluated based on their internal assessment as well as scores from their pre-board, first and second term examinations. Class 12 board exams have been postponed till further notice

Source-https :/ /www .freepressjoumal.in!india/exams-2021-click-here-for-latest-dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Page 46: SHASHIBHUSHAN P ADGAONKAR

Karnataka

The SSLC or Class 10 finalExamination that was stated to begin from June 21 has been postponed in view of the surge in COVID-19 cases. A revised schedule will be decided after the second wave dies. The state education minister, Suresh Kumar said that an appropriate decision on the Class 12 exams will be taken in some days after considering 4ifferent aspects and suggestions from the centre.

Source- · https:/ /www .freepressjoumal.in/india!exams-2021-click-here-for-latest -dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Uttarakhand

Uttarakhand Board has cancelled Class 10 boards exams 2021 and has postponed class 12 exams 2021 .

Source-https:/ /www .freepressjoumal.in/india!exams-2021-click -here-for-latest-dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Haryana

Class 10 board exams were cancelled on 15th April in the state and the students are to be evaluated based on internal assessment The Haryana Board of School Education (HBSE) said that the exams for HBSE Class 12 students will be held between June 15 and June 20.

Source-https :/ /www .freepressjoumal.in/india!exams-2021-click-hei:e-for-latest -dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and:-staie-boards

Punjab The Punjab School Education Board (PSEB) have cancelled the Class 10 exams; the results of which have been declared oh the official website. have postponed the Class 12 exams. Due to rising COVID-19 cases, the State Government is planning to conduct the Class 1Z Board Exams 2021 for 3 Major Subjects. The exams are likely to be held in June

Source-https :/ /www .freepressjoumal.in/india!exams-2021-click -here-for-latest -dates-of-class-1 0-class-12-board-exams-of-cbse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

Page 47: SHASHIBHUSHAN P ADGAONKAR

Tamil Nadu

Class 1 0 in the stAte have been cancelled and the students will be evaluated on basis of their internal assessment. In a recent meeting with the union ministers and state education ministers to discuss the class 12 examinations, the Tamil Nadu state government has expressed its interest in conducting the TN Class 12 exams 2021 and said that the decision will be made based on the pandemic situation. The mode of conduction of the exams and the paper pattern ha9 not been decided by the government yet.

Source-https :/ /www .freepressjoumal.in/india/exams-2021-click -here-for -latest-dates-of-class-1 0-class-12-board-exams-Qf-c bse-icse-gseb-upmsp-rbse-mpbse-and-state-boards

West Bengal (WBBSE) .

West Bengal: Chief Min,ster Mamata Banerjee has announced Oass 12 board examination will be held in the last week of july amid COVI0·19 protocol. The exams will be conducted for compulsory subjects at home centres.

Source- (India.com) https:/ /www.india.com/education/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-cicse-class-12-exams-maharashtra-rajasthan-telangana-west-bengal-gujarat-chhattisgarh-board-exam-datesheet-latest-news-today-may-29-2021-4699782/

Telangana (TSBIE)

Telangana: The Telangana State Board of Intermediate Education (TSBIE} has announced postponement of .practical examinations for second-year intermediate students until further notice. The TS practical exams were slated to be held from May 29 to june 7. The matter wilt be reviewed in the first week of june and a revised schedule forTS Inter practical exams Is likely to be announced thereafter. Theory exams are likely to be held in july and September. The exams will be conducted for all subjects with time duration. reduced to 90 minutes.

Source- (lndia.c()m) https ://www.india.com/education/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-cicse-class-12-exams-maharashtra-rajasthan-telangana-west-bengal-gijjarat-chhattisgarh-board-exam-datesheet-latest-news-today-may-29-2021-4699782/

Page 48: SHASHIBHUSHAN P ADGAONKAR

Gujarat Lr! lOth cancelled (General Promotion) 12th date released (no changes in pattern at all)

&ujarat: Class 12 exams will be held july 1 onwards. In case a student can't appear for the exam. they can give a re-exam after 25 days.

Source- (lndia.com) https://www.india.com/education/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-cicse-class-12-exams-maharashtra-rajasthan-telangana-west-bengal-gujarat-chhattisgarh-board-exam-datesheet-latest-news-today-may-29-2021-4699782/

Rajasthan ( RBSJJ:)

Will take exams for lOth 12th when if's safe I

Rajasthan: The Rajasthan BOard (RBSE) on Thursday said it will not cancel the qass 1 0 and 12 board exams. State Education Minister and PCC chief Govlnd Singh Dotasara said that the Rajasthan Education Board is for a window to hold Class 1 0 and 12 board· examination as soon as the Covid graph flattens in the state.

Source- (India.com) https:/ /www .india.com/education/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-cicse-class-12-exan;s-maharashtra-rajasthan-telangana-west-bengal-gujarat-chhattisgarh-board-exam-datesheet-latest-news-today-may-29-2021-4699782/ '

Andhra Pradesh

Andhra Pradesh: The Andhra Pradesh government had postponed the Class 12 board examinations earlier this month after the High Court had asked it to rec:onsider its decision to hold the board exams.

Source- (lndia.com) https:/ /www.india.comleducation/cbse-class-12th-board-exam-2021-cbse-class-12-latest-news-<;:icse-class-12-exams-

may-29-2.021-4699782/

Page 49: SHASHIBHUSHAN P ADGAONKAR

Assam

Class 10 & 12 exams will take place: Assam Education Minister asserts

Guwa.hati: Assam Education Minister Dr. Ranoj Pegv asserted on Monday that the HSLC and HS examinations under SEBA end AHSEC wm be conducted as soon as the Covid situation normalizes in the state.

Also read: Tarzan actor Joe .Lara presum.ed dead among seven others in US plane crash

The decision for scheduling of the pending examinations will be taken once there is a sharp dectine in the Covid cases of the state and under no circumstances wiU class 10 and 12 examinations be scrapped.

Also read: Major tire outbreak In Guwahatl, goods worth Rs 10 lakhs gutted In tire

The State Education Minister is hopeful that the covid situation will get better by June 15. In addition to this, Mr Pegu also said that the examinations will be conducted in an offline mode.

J

He said that the question paper's format may change but the exams will not be conducted in an onl.ine mode.

Source-https: I /pragnews .com/ class- I 0-12-exams-will-take-place-assam-education -minister -asserts/

Bihar School Examination Board (BSEB) Exams done in January

Page 50: SHASHIBHUSHAN P ADGAONKAR

India Wide Parents Association

To, Date 09/04/2021

The Education Minister

Govt of India

Subject - Regarding upcoming board and University exams and to adopt other modes of assessment for this academic year

Respected Sir,

I would like to bring it to your notice that many students and parents from across India are worried about the upcoming lOth and 12th board exams as well as the University exams in India which includes state board, CBSE, IB, Cambridge etc due to the rise in covld cases and the students being covid positive this time as compared to last year.

Cases are rising and medical infrastructure is also collapsing in most of the states.

Teachers students are not even vaccinated due to which there are more chances of spread. Students and parents are requesting to adopt alternate mode of assessment instead it physical I offline mode.

Students can be assessed and evaluated via internal assessment. Many countries are following this mode of for the safety of students.

I therefore request you to kindly intervene and discuss with all the state government and adopt a uniform mode of assessment to save their future and academic year.

Page 51: SHASHIBHUSHAN P ADGAONKAR

Some students from Cambridge board have also requested for intervention am attaching their letter.

Kindly take a decision as soon as possible and conduct internal assessment of Students across India in the interest of lakhs of Students

Thanks and regards

Anubha Shrivastava Sahai

For India Wide ParentsAssociation

Page 52: SHASHIBHUSHAN P ADGAONKAR

N()TtFIC:ATtON

to'' the pteJerlt •· situatiQri of thl! pandemic; and school. c;lO$Uft:tS.. am:t · al$0 taking. in .. bfling oftne i$ oeoide(i as

t The for tp b.e oeld from May 41" to June 14''\ :ZG21 are hereby

win be hehi hereafter. The situation will be on 1111

J911e, ,i'QZ1 bY and details wilt .l:>e subseq\Jentty; A 15 tta_y$'Wlll,.b8·.gtven lt•rt .. . .

2. the: tor X tQ be held from 4lll May to June 71t>, 20:21 ate . .

of Class X Bo.ard will be prepared on the 6asi:S· of an objective by the Board. AnY caodicjate who. is not satlsfi:edwiththe macks

altcx<at® •to himther on this basls· will be given an opportunity to. sit: in an exam as and

1.

' .

1'

Page 53: SHASHIBHUSHAN P ADGAONKAR

To,

flwtexLd'e- f?-.s-4-6 .

India Wide Parents Association

Oate 17/05/2021

Prime Minister

Govt of India

Subject- upcoming 12th Board Exams and to adopt other alternative· modes of assessment for this academic year.

Respected Sir,

I would like to bring it your notice that many students and parents from across India are worried about the upcoming 12th board exams in physical mode due to alarming rate of growth of covid -19 cases and deaths during second wave .

Experts are now predicting a third wave of resurgence likely to mostly affect children and young people, and suggesting to not expose children as they are silent super spreaders and unfortunately children below 18 can not be vaccinated. Teachers and other staff are al'so not vaccinated.

By conducting offline exams we will be putting the lives of Students, teachers and other staff at risk. Govt must take a call now for 12th Board like they have done for lOth board. International boards have already 12th board offline exam and ahead with Internal assessment.

Conducting offline exam is not possible now for atleast few months due to the current situation in India so govt must step in and findout an alternative for offline exam.

I i,. ' . ' <

I I I. " ' .

i I i w

Page 54: SHASHIBHUSHAN P ADGAONKAR

Delaying exams will further cause anxiety, mental stress and depression among students.

It's going to have an i1111mense negative impact on the mental health of students. Also there is a chance that their entire year will be wasted. are studying in grade 12 for more than 1.5 years now. Its high time the government gives them attention and takes decision immediately without any further delay.

Due to this uncertainty for 12th grade students many of them are not able to study for their entrances too.

Postponement is not a good solution because if exams get postpone results will also get delayed leading to academic loss, Admission process for professional courses will get affected, Students planning to go abroad will not get a chance to apply for coming semester.

So govt must findout an alternative as soon as possible . Uniform decision must be taken and alternative assessment can be done

Universities can change their criteria for admission process and UGC can come up with some uniform guidelines regarding the same.

Students can be evaluated based on past performance and colleges can have an aptitude test if required .

Many Universities worldwide are now accepting internal assessment grades so the .same can be done in India too.

Many doctors have warned that 3rd wave is going to impact students so we need to be careful and avoid any super spreading events which involves students.

Decision must be taken so that schools will also start working on the ' . same. I

Teachers and many parents,are not even vaccinated due to which there are more chances of spread. Students and parents are requesting to adopt alternate ·mode of assessment instead it physical I offline mode.

Students can be assessed and evaluated via internal assessment. Many countries are following this mode of assessment for the safety of students.

Page 55: SHASHIBHUSHAN P ADGAONKAR

I therefore request you to kindly intervene and discuss with all the stake holders and adopt a 1,miform mode of assessment to save their future and academic year.

Kindly take a decisioh as soon as possible and conduct internal assessment of Students across India in the interest of lakhs of Students.

Thanks and regards

Anubha Shrivastava Sahai

For India Wide ParentsAssociation

' .

Page 56: SHASHIBHUSHAN P ADGAONKAR

To· I

1//1/1. exu:Ye- f?-6 STUDENT UNION OF ODISHA-NYCS

Lrj

Date:26/0S/2021

Shri Samir Ranjan Dash ji,

Hon'ble Education Minister of India,

Subject: Detnand for cancellation of class 12 th board exams in Odisha.

Respected sir,

We would like to bring it to your notice the current situation of education and students in Odisha. All the students as well as their parents are very worried about conducting the 12th board examination due to high rate of growth of COVID-19 cases in Odisha along with the high possibility of 3rd wave which will effect the students very badly, and also due to incompletion of course in this pandemic situation.

Page 57: SHASHIBHUSHAN P ADGAONKAR

f"''O In Odisha .during the lockdown period of June -

December,2020 no classes were provided to Students. Almost 98% of colleges of Odisha had not conducted any online class for Students in that period. Most of the students unable to join online classes due to:-

1. UNAVAILABILITY OF SMARTPHONE

2. NETWORK ISSUES EVERYWHERE IN ODISHA INCLUDING BHUBANESWAR ALSO.

' 0

. I : .

Looking into the matter the Odisha government. and Education department of Odisha declared for 100 days offline class for students and will conduct exams after 100 days offline classes. The government said the students have to· bring "NO OBJECTION CERTIFICATE" signed by parents to join offline classes. But most of the parents were unable to allow there child for offline classes in the pandemic. And it is said that it is not compulsory for all students to join offline classes. Moreover None of the college followed COVID-19 protocol for offline classes. No sanitization, teacher enter classes without masks. See._ing this kind of situation the students feared to join offline classes. But the students were forced by the teachers of government colleges to join offline classes threatened them to give low marks in project and practical. In the pandemic situation when the students and their family were suffering from huge economical crises the teachers of government colleges taken the

Page 58: SHASHIBHUSHAN P ADGAONKAR

advantage of COVID-19 and forced the students to fJn their private tuition.

The offline classes were conducted for only 15-20 days only,and 5% course is also not completed and how will the students will give exams when 95% of there is not completed yet.

The 12th class board exams that to be conducted in month of May was PO$tponed by ODISHA government and it was said that they will examine the situation in June and will take further decision. Even the class 10th Board exams were cancelled but the government had not cancelled 12th exams, saying they have strong immune system.

The students were dissatisfied by this kind of ,behaviour of • Odisha government and stressed and worried about their future and carrier. The students were left with no other option than to do stage protest to stop this injustice .

As the government were not listening to Students, the students have to call for a strike. More than 30 strikes were done by Students of different colleges at different places of Odisha demanding cancellation of 12th board exams as the teaching is not provided· to them,the students had not studied , they can't give exam.

Page 59: SHASHIBHUSHAN P ADGAONKAR

_>L The Odisha government and the Education

Department tried to clamp the students by the help of police. I '

We,all the students condemn the Bullying . Qf antisocial elements in Jajpur,Odisha by .the recognition and encouragement of Ruling Party Member.

The students were beatend by the Ruling Party Member in Puri for doing protest against the government for Cancellation of 12th boards and the students were even arrested by the police officials.

After so much protest still the government not even listened to Students and also ignored them and put all possible effort to calmp the students . Looking at the situation the students were bound to call a big strike . A big strike was organised by Student Union of Odisha-NYCS with the support of the State convenor of Navnirman Vuva Chhatra Sanghathan {N'(CS) Md.Manwar Ali.

; '·

The students from different colleges all over Odisha were doing strike on the same issue in the non-violent way ,at that time instead of listening to the genuine demand of Students , they took action of Students, most of the students were brutally injured, and 40 Students along

Page 60: SHASHIBHUSHAN P ADGAONKAR

with Md.Manwar Ali were arrested by police and filed with false charges under IPC section

on Students. We also condemn it strongly.

98% Students and parents of India are demanding Cancellation of exam. It's about the life of students and their parents. let the rights should be given to students and parents to decide what to do. And government should listen what the Students and parents want.

If the government still want to conduct exams then we demand a written statement from government that government will be responsible if any of the innocent Students get to COVID-19 by examination.

Experts are now predicting a third wave of resurgence likely to mostly affect and young people, and suggesting to not expose children as they are silent super spreaders and unfortunately children below 18 can not be vaccinated ,Teachers and other staff are also not vaccinated.

By conducting offline exams the Government will be putting the lives of Students , teachers and other staff at risk Government mlJSt take a call now for 12th Board like they have done for 10th board. International boards have

Page 61: SHASHIBHUSHAN P ADGAONKAR

already cancelled 12 board offline exam and are ahead with Internal assessment .

Conducting offline exam Is 1110t possible now for atleast few months due to the current situation in India so govt must step in and findout an alternative for offline exam.

Delaying exams will further cause anxiety , mental stress and depression among students .

It's going to have an immense negative impact on the mental health of students. Also there is a chance that their entire year will be wasted. Students are studying in grade 12 for more 1.5 years now. Its high . time the

gives them attention and takes decision immediately any further delay.

Due to this uncertainty for 12th grade students many of them are not able to study for their entrances too.

Postponement is not a good solution because if exams get postpone results will also get delayed leading to academic loss, Admission process for professional courses will get affected, Students planning to go abroad will not get a chance to apply for coming semester.

Page 62: SHASHIBHUSHAN P ADGAONKAR

:>> So Government must findout an alternative as soon as possible Uniform decision must be taken and alternative assessment can be done. Universities can change their criteria for admission process and UGC can come up with some uniform guidelines regarding the same.

Students can be evaluated based on past performance and colleges can have an aptitude test if required .

Many Universities worldwide are now accepting internal assessment grades so the same can be done in India too.

Many doctors have that 3rd wave is going to impact students sd Government need to be. careful and avoid any super spreading events which involves students. Decision must be taken im·mediately so schools will also start working on the same.

Teachers and many parents are not even vaccinated due to which there are more chances of spread. Students and parents are requesting to adopt alternate mode of assessment instead of physical I offline mode Students can be assessed and evaluated via internal assessment .

Page 63: SHASHIBHUSHAN P ADGAONKAR

I

Many countries are following this mode of the safety of students.

' '

We, therefore request you to Kindly intervene and discuss and adopt a unifo,rm mode of assessment and cancel 12th CBSE,CHSE,ICSE and other boards of Odisha to save students future and academic year.

With regards

Stu.dent Union of Odisha-NYCS

Navnirman Yuva Chhatra Sanghathan (NYCS)

Md.Manwar Ali(state convenor NYCS)

Page 64: SHASHIBHUSHAN P ADGAONKAR

Your Standard 64,713 responses

State 64,729 responses

Board 65,453 responses

>9-ANNEXURE P-7

e Class 10 e Class 12 • Teacher e Parent

e Andhra Pradesh • Arunachal Pradesh e Assam e Bihar e Chhattlsgarh .Goa e Gujarat 8 Haryana

eState ecssE .ICSE ersc ers • Cambridge eNIOS e Others e Other

Page 65: SHASHIBHUSHAN P ADGAONKAR

As per Current Sitwation in India, which mode is suitable for Board Exams in 2021 65,472 responses

• OFFLINE • ONLINE • INTERNAL ASSESSMENT

4

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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. NO.. OF 2021

Y IN WRIT PETITION (C) NO. OF 2021 (A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF: ANUBHA SHRIV AST AVA SAHAI &ORS ... PETITIONERS

VERSUS

UNION OF INDIA & ORS ... RESPONDENTS

APPLICATiON FOR EXEMPTION FROM FILING ATTESTED COPY OF AFFIDAVIT

TO, THE HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT O,F

i THE HUMBLE PETITION OF THE

PETITIONER ABOVE NAMED. MOST RESPECTFULLY SHOWETH: 1. The Petitioner above named respectfully submit the

present ·Public Interest litigation (PIL) under Article 32 of

the Constitution of India is being filed with a request to

pass the similar orders/direction to the Respondent State

Boards as well as UGC regarding cancellation of Class XII

exam and a uniform formula of assessment, to meet out the ' '

hardships of the innocent school children of Class XII I

State Board.

2. The Petitioner reiterates· all of the contentions taken in

Writ Petition and List. of Dates fof the purposes of this

application also for the sake of brevity and convenience.·

3. The due to present pandemic situation of Covid-19,there

is complete lockdown and hence the copy of Affidavit duly

notarized in support of present petition & Vakalatnama

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could not be available. Due to extreme urgency the

petition could not file original copy of Affidavit in support

of SLP therefore; petitioner is required to be exemptdd i

from filling the same. i

4. The Petitioner, therefore, prays that: PRAYER

a) The Petitioner be exempted from filling copy of

Affidavit duly notarized in support of present petition

& Vakalatnama.

b) Pass such other or further order or orders as this

Hon 'ble Court may deem fit and proper in the facts

circumstances of the case.

c) AND FOR THIS ACT OF KINDNESS THE PETITIONERS SHALL AS IN DUTY BOUNDS . EVER PRAY.

Filed by: Filed on: 31.05.2021 Drawn on: 01.06.2021 Place: 1':-Jew Delhi

i; I

(Shashibhushan P Adgaonbir) : Advocate for the Petitioner

.