300 Class 12 Board students submit letter petition to CJI, request to quash decision on offline exams
A group of 297 students have submitted a letter petition to Chief Justice of India N.V. Ramana urging him to take suo-motu cognisance and quash the decision of the Central Board of Secondary Education (CBSE) to hold physical examination amid COVID-19 pandemic.
It called upon the CJI to direct the evaluation of Class 12 students on the basis of alternative modes/online exams so as to do "complete, equal and fair justice" to the student and "exclude possibility of discrimination, disadvantage and risk of life."
The letter petition noted that the decision to physically conduct examination of Class 12 is not only "unjustified" but also "impractical" and will be a "disastrous" step if executed, having a "cascading effect to life, health and safety of millions of students, parents, teachers and support staff."
"The country is in the middle of the biggest health crisis. Many states are undergoing lockdown. Many students have also migrated with their families to their native places. Physical conduct of exams will require them to travel back to base location, which will entail a huge risk to their life, health," the letter petition submitted by students and assisted by Supreme Court advocate Tanvi Dubey stated.
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"Not only the students but also their families will be at great risk if the students are exposed to the virus. It is a proven fact that the senior citizens are most vulnerable to the virus. Therefore the physical conduct of exam is totally a mindless exercise," it said.
The submission also mentioned that there was no vaccination for those below 18 years of age. "There is already apprehension of third wave and a fear that it will affect children. Having no development regarding vaccination for children and any other medical aid, physical conduct of exam will cost heavily on life of thousands of students."
Who is going to take responsibility in case examination centres become hotspots, the letter petition asked. Further, it said that an alternative assessment must be considered for evaluation of students.
The letter petition went on to cite Amit Bathla vs Union of India & Ors. wherein an assessment scheme was issued by the CBSE which provided for the evaluation on the basis of internet/practical project assessment.
"Physical conduct of examination in the middle of raging pandemic will be a gross violation of Article 14 (Right to equality) and Article 21 ((Right to life and personal liberty) of the Constitution of India. Alternative assessment is the need of the hour. Some of the major concerns include -- No vaccination yet for below 18, anticipation of children to be affected by the third wave is already creating fear in the mind of students. Heavens won’t fall if the exams are not conducted and the students be evaluated by alternative means. Safety is paramount," advocate Tanvi Dubey told India TV Digital.
The move comes days after a high-level meeting by Union Defence Minister Rajnath Singh reached a "consensus" on conduction of board exams. However, the government sought a detailed list of suggestions from all the states and assured to announce a decision on or by June 1, 2021. The meet was attended by Union Education Minister Ramesh Pokhriyal Nishank, Prakash Javadekar, Smriti Irani, chief ministers and education ministers.
Earlier on May 21, Prime Minister Narendra Modi had also held discussions on the upcoming board examinations. He had urged setting up of a high-level meeting and a decision keeping in view safety and academic career of students.
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