A Kerala student moved the Supreme Court on Saturday seeking quashing of the CBSE decision to re-conduct Class 10 mathematics examination after reports that the paper had been leaked in Delhi.
Rohan Mathew, a student of Choice School in Kochi, contended that the decision to re-conduct the exam was arbitrary, illegal and violative of the Constitution's Article 14 (equality before law), Article 21 (right to life and liberty) and 21A (right to education).
Seeking direction to the Central Board of Secondary Education (CBSE) to evaluate the answer sheets of the maths paper held on March 28 and declare the final results, Mathew said a special high powered committee should be set up to inquire into the "facts and circumstances" leading to the re-exam decision.
The student, represented by his father Santhosh Mathew - a practicing lawyer of Kerala High Court, also sought stringent action against the erring officers of the CBSE for "jeopardising the career of nearly 16 lakh students who appeared for the exam".
Questioning the CBSE decision to cancel the exam and re-conduct it "merely based on unconfirmed apprehension that the question paper has been leaked in Delhi", he said unless there is evidence for "widespread and systemic leaking of papers, cancellation of examination of this magnitude is not the solution".
The petitioner contended that the question that arises is whether the decision, dated March 28, based on "mere apprehension that there is a likelihood of the exam having been compromised is violative of the proportionality doctrine".
Describing the decision as "arbitrary and illegal", Mathew said it goes against his "legitimate expectation" of over 16 lakh students who had appeared for the March 28 exam in India and abroad.
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