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The Karnataka High Court observed that “tender minds even when they commit some significant mistakes, cannot be treated with iron gloves. The single-judge bench of Justice Krishna S. Dixit was hearing the appeal of a student petitioner who challenged the Memorandum issued by the Central Board of Secondary Education. The petitioner’s Biology exam in AISSCE (Main)-2020 was canceled for using unfair means in the exam and her result was declared as “ESSENTIAL REPEAT”.
The issue is that the petitioner, accidentally, carried her mobile phone to the exam hall. After noticing the mistake, she handed it over to the Invigilator supposedly before the beginning of the exam. After receiving the explanation in terms of Examination Bye-Laws 1995 that was structured by the Board, the order had been issued stating that her exam has been. As a consequence along with her failure in the Math exam, she was ineligible to take up the “Compartment Exam” that was scheduled in September 2020 and has to appear for the exams under the “full subject category”. That would be organized on the basis of the new syllabus and Course Study.
The court ordered that liberation needs to be granted to the petitioner. The bench also stated that the Byelaw has mentioned prohibition on not just carrying the barred items to the hall but carrying it during the course of the exam, i.e., carrying any barred items before the beginning of the exam does not technically fall into an error according to the structured bye-law. Court pointed out that she left the item at 9:55 am, i.e., before the exam. The timing of deposit and manner of student could have been determined from the CCTV footage of the school and that was not done. The court said that if the CCTV content is not preserved or is retrievable, it is a fault of the respondents and hence cannot be permitted to take advantage.
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