Failed ICSE student’s plea for retest for classes 9, 11, dismissed by Supreme Court

New Delhi (ILNS): The Supreme Court today dismissed a plea seeking directions to the ICSE Board to permit those students of classes 9 and 11 who had failed to take a retest as a one-time measure.

The bench of Justices AM Khanwilkar, B R Gavai and Krishna Murari had earlier issued notice on the petition and sought response from the ICSE Board.

The bench was hearing a petition filed by a student of class X, Ojas Achyut Gupta, praying that since there was a delay on the part of the ICSE to adopt the CBSE notification of May 13, the petitioner may be directly promoted to Class XII, especially since COVID-19 infections are on the rise.

During the course of today’s hearing advocate Alakh Alok Srivastava, appearing for the petitioner, submitted that the prayer seeks a one-time measure allowing students of classes 9 and 11 who have failed be allowed to take a retest, having regard to the present situation.

The bench, however, said that this way lakhs of students will improve their positions.

The bench further questioned the petitioner: “What will be the effect of the retest? How can that be done in absence of any guidelines and it may have ramifications on other students as well.”

Senior Counsel Ranjit Kumar, appearing for the ICSE board, submitted that by now 90 percent of the class 12 syllabus has been completed. “We cannot go by the CBSE pattern, because soon there will be pre-board exams conducted and now the failed students cannot catch up with other students.”

He further submitted that the petitioner has studied by the regulations of ICSE and now he is demanding CBSE regulations.

The bench, after hearing both the sides, dismissed the petition.

On May 13 the Central Board of Secondary Education (CBSE), on a request made by students and parents and having regard to the present pandemic situation, decided that all the failed students of classes 9 and 11 will be provided an opportunity to appear in a school-based test again.

It was further decided that an opportunity will be extended to students irrespective of whether their examinations have been completed and the exam results have been released or their exams have not been completed.

-India Legal Bureau
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