CBSE paper leak: Delhi HC dismisses plea to change date of class 12th economics exam
By PTI |
Published: 16th April 2018 06:24 PM |
NEW DELHI: The Delhi High Court
today dismissed a plea seeking rescheduling of the re-examination of the
class 12th economics paper, which the CBSE has decided to conduct on
April 25 following an alleged leak.
The court also asked the CBSE to place before it the records relating
to the board's decision not to conduct the re-examination of class 10th
mathematics examination, which also was allegedly leaked, after a plea
seeking a re-test came up.
The bench asked the CBSE advocate to find out the reasons for the
decision for not reconducting the examination and listed the plea filed
by a student for April 20.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari
Shankar rejected the plea filed by an NGO, Suniye, seeking to either
change the date of re-examination of class 12th exam or make it optional
on the ground that the decided date was close to some entrance
examinations, including National Defence Academy (NDA) and engineering.
The court said it was the CBSE's decision to reconduct the exam and was outside its purview.
The bench said a judicial notice has been taken of the fact that
there can be no date fixed to the satisfaction of all and rescheduling
of the re-test was beyond the jurisdiction of the court.
"Whether to hold an exam or not, it is up to the CBSE. It is not up
to the court to decide. It is outside our purview. As you are saying NDA
exam is clashing. If they again change the date, somebody else will
come. On what basis a court can say hold the exam on this day and not on
that day. It will be anarchy," the court said.
During the hearing, the court was informed by CBSE advocate Amit
Bansal that it has issued a notification that class 10th maths
examination will not be reconducted as they cannot afford to hold it
again and make over 16 lakh students appear in it.
The board also opposed the intervention application of the NGO saying
it has considered all the aspects before scheduling the class 12th
economics exam on April 25 and due care was taken while selecting the
date.
The court was hearing a PIL, in which NGO Social Jurist had sought
that CBSE be directed to hold the class 10 exam in April, if required,
and not in July as it had proposed earlier.
It disposed of the PIL after NGO's counsel Ashok Agarwal said he was
satisfied with the board's decision of not holding the re-examination
for the class 10th paper.
The CBSE, in its affidavit, had earlier said it had decided not to
hold re-examination of class 10 Maths test as a scientific evaluation of
random answer sheets did not indicate any unusual pattern to believe
that there was a widespread benefit of the alleged paper leak.
It had said it was not conducting the re-test for another reason that
class 10 was a gateway to class 11 and therefore "remains largely an
internal segment of school education system".
The NGO had also sought a court-monitored probe into the recent leak
of the Maths and Economics question papers of class 10 and 12
respectively.