Gulf students move SC against CBSE’s exam assessment scheme

The Supreme Court issued notice to the CBSE on the petition.

New Delhi: The Supreme Court on Wednesday, June 8, sought responses from the Centre and the Central Board of Secondary Education (CBSE) on a plea by nearly 30 Class 12 students from Gulf countries challenging the board’s March 27 assessment scheme, framed after their examinations were cancelled due to the conflict in West Asia.

A bench of Justices KV Viswanathan and Alok Aradhe issued notice on the petition and directed that a copy be served on Solicitor General Tushar Mehta. The matter has been posted for further hearing on July 14.

The petitioners, regular students enrolled in CBSE-affiliated schools in the United Arab Emirates (UAE), Saudi Arabia, Qatar, Kuwait, Bahrain and Oman, told the court that the scheme evaluated them solely on the basis of school-level quarterly, half-yearly and pre-board examinations for papers that could not be held, causing them “serious prejudice.”

Arbitrary, unreasonable: Petitioners

The plea described the assessment scheme as “arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution,” and contended that its retrospective application ran contrary to the doctrine of legitimate expectation.

According to the petitioners, the retrospective application of the scheme significantly lowered the aggregate marks of several students. While some have been placed in the compartment category, others with otherwise consistent academic records have lost eligibility for admission to premier institutions, the plea said.

“Historically, students demonstrate significant improvement between pre-board assessments and the actual board examinations after focused preparation during the final months of Class 12,” the petition stated.

The plea said the fallout was particularly severe for students seeking admission to professional courses, noting that Class 12 marks are a crucial eligibility criterion under schemes such as the Direct Admission of Students Abroad (DASA) and the Children of Indian Workers in Gulf Countries (CIWG), both of which mandate a minimum aggregate of 75 per cent.

“Many such students are unable to satisfy the prescribed eligibility criteria or secure admission opportunities commensurate with their merit and JEE performance. Consequently, students who have otherwise demonstrated academic competence and successfully cleared a highly competitive national examination are being denied access to higher education solely due to circumstances beyond their control,” the plea said.

Relief sought

The petitioners have sought a slew of reliefs, including a one-time grant of compensatory moderation or grace marks, a special improvement examination with a “better of the two” safeguard, and a transparent review mechanism.

They have also sought a one-time relaxation of the minimum eligibility criteria under the DASA scheme from 75 per cent to 60 per cent, a similar relaxation under the CIWG scheme and protection for admissions already secured by affected students.

Under the assessment scheme framed by the CBSE, students whose examinations were cancelled were evaluated on the basis of their theory, practical and internal assessment marks, with schools required to furnish performance data from the quarterly, half-yearly and pre-board examinations.

For subjects carrying 80 or 70 theory marks, the best of the scores obtained in the quarterly, half-yearly or final pre-board examination was to be considered, while for subjects carrying 60, 50 or 30 theory marks, marks from the final pre-board examination alone were to form the basis of assessment. In cases where a student was absent from the final pre-board examination, marks from an earlier pre-board examination were to be taken into account.