CBSE 12th result 2017: The Delhi High Court on May 23 ordered that the evaluation for the 12th class board exams in 2017 would be conducted as per the grace marks policy that was in place when the students had submitted the examination forms. An HC bench consisting of Acting Chief justice Gita Mittal and Justice Pratibha Mi Singh refused to allow the Central Board of Secondary Education (CBSE) to withdraw the moderation policy in place for the exams held in 2017. The bench said, ” “rules cannot be changed after the game has begun”.
The bench further said, “These children, who have worked so hard and have burnt the midnight oil, are entitled to some stability and the only stability they know is the system. Do not instil insecurity in them. Don’t do it (withdrawal of the policy) this year”. “You cannot play with the future of students,” it said, adding “we are deeply concerned by the timing of the policy.”
Here are 5 things you need to know about the judgment:
1) Under the moderation policy in place, grace marks would be given to the students for tough questions or for errors in the question paper. The HC bench observed that the concerned students needed to have been put to notice as they had the right know about the decisions od the CBSE. The High Court said that while the CBSE’s decision was a wonderful one, due to the attempts at bringing uniformity to the process of evaluation to address the issue of spiking of marks, “it should have been done prospectively and uniformly for everyone across the country”.
2) This ruling of the High Court assumed significance as a few states such as Kerala and Tamil Nadu decided to not withdraw the moderation policy for this year. “It cannot be denied that a change in policy can have drastic consequences.
3) The CBSE had also seemed to have ignored the fact that foreign varsities had offered conditions to many Indian students on the basis of the current evaluation policy. Reflecting on this, the HC bench said that students might also face grave and irreparable financial loss. It added that it might also “completely change the course of academic future of students, especially those of Delhi.” The bench said that the students who have been involved in such scenarios could have taken loans and might cause massive financial losses. The court observed that it would be a “tragedy” if students lost out on seats in foreign varsities due to the CBSE’s change of policy.
4) Senior advocate Balbir Singh, representing the petitioners said that a few states who have already declared the results of class 10 and 12 board examinations, had given the students the benefit of the existing moderation policy. Singh said that such students would have a much better chance of getting the 10,000 seats of the DU in comparison to the students of Delhi. However, Sanjay Jain, Additional Solicitor General, representing the CBSE said that no student had any vested right to expect that his/her marks would be increased. The High Court bench, however, observed that irrespective of the guidelines, “cannot change human nature, human error or psychology”. The HC said that it was difficult for any examiner who has to check thousands of copies to give his/her 100% to the process. “It is a horrible job,” it said while terming as “ridiculous” the marking system in place.
5) CBSE told the HC, during the hearing that the deliberations over the change of the moderation policy had started on April 24, 2017. The decision had been approved on May 4 and circulated on May 10, it added. The High Court, however, said that the Board, even on May 10, did not see it fit to inform the students about the change. It noted that majority of the board exams had gotten over by the time the change in policy took place on April 24 and the evaluation of a few cases had already started.
The High Court ordered the CBSE to follow the moderation policy in place which was in place at the time of the submission of exam forms and listed the PIL for the next hearing on July 20.