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Agreeing with the stand taken by ICSE Board, the Bench headed by Justice AM Khanwilkar stated that the question for issuing directions contrary to the ICSE rules doesn't arise. The Indian Certificate of education (ICSE) informed the Supreme Court on Tuesday that it couldn't permit re-examination or awarding of grace marks to enable promotion from standard XI to XII.
The Court had earlier issued notice to ICSE during a plea seeking opportunity of re-assessment and promotion of students who failed 9th and 11th standard exams by adopting the selection given by the Central Board of education (CBSE) in view of the COVID-19 pandemic. On the petitioner's argument that the CBSE had allowed such a re-test, it had been impossible for it to order ICSE to undertake the same because it is not hospitable to issue a writ to direct the respondent-Board to pursue the norms specified by another Board.
"Suffice it to observe that at this distance of some time, if any direction is issued to the respondent-Board it's getting to produce more students similarly placed fixing their claim for similar indulgence. which can end in impacting the tutorial year which has already commenced from June, 2020 and one semester whereof is almost completed." the Supreme Court board said.
The petition was moved by a minor petitioner of sophistication XI through Advocate Alakh Alok Srivastava. The plea states that if the ICSE doesn't choose the resolution adopted by the CBSE on May 13, then many 9th and 11th grade students are going to be deprived of the proper equality as guaranteed under Article 14 of the Constitution of India. The petitioner has prayed that since there is a delay on the part of the ICSE to adopt CBSE notification of May 13, the petitioner could even be directly moved up to Class XII, especially since COVID-19 infections are on the rise.
On May 13, in view of the requests made by parents and students, and as a 1-time measure during an unprecedented situation, CBSE decided that every one the failed students of 9th and 11th standard are getting to be provided an opportunity to look during a school-based test again. It was decided that opportunities are getting to be extended to students no matter whether or not their examinations are completed and thus the exam results are released. It is this notification that the students prayed for the ICSE Board to adopt.
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