SC: Notice Directs ICSE to Conduct Exams for Students Failing 9th and 11th Grade 

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The Supreme Court received a Petition seeking the chance of re-evaluation and promotion of ICSE students who failed in the 9th and 11th standard. The opportunity could be given by adopting options provided by the CBSE in the view of the pandemic.

Facts of the Case 

A student of 11th standard (a minor) filed the Petition through Advocate Alakh Alok Srivastava. 

On 13th May 2020, keeping in mind all the requests made by the parents and students, CBSE decided to allow all the students who failed in 9th and 11th standard. It will be a one-time opportunity. All the students who failed in the exams can reappear in a school-based test again. CBSE will provide a chance to the students irrespective of whether the exams were already completed or results declared.

The Petition sought ICSE to adopt and implement the notification released on 13th May 2020. The Petitioner submitted that if the notification is not adopted by the ICSE, it will lead to deprivation of the Fundamental Right i.e. Right to Equality of the students. 

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The Petition stated that, “at such a difficult time, all stakeholders will have to make joint efforts to relieve students from stress and to help them to mitigate their anxiety.”

As there has been a delay from the ICSE’S side in adopting the notification of CBSE, the Petitioner prayed that he may be directly promoted to 12th standard. In a matter related to the cancellation of the exams, SC stated that ICSE has the liberty to follow the directions of the CBSE. It can, however, follow them with certain changes as required.

Court’s Decision

The Hon’ble Court issued a notice to the ICSE on 18th August 2020. The Former Solicitor General Ranjit Kumar who appeared for the ICSE accepted the notice.


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