The Delhi High Court, on August 25, passed a judgement in favour of a petitioner (Devashri Bali) asking for 50:50 weightage consideration for Term I and Term II of the CBSE Class XII Board exam. It was directed that the petitioner’s marks be re-awarded as per the 50:50 criteria. However, the other students who also wanted such a consideration are disappointed that the court did not direct the CBSE to do so for everyone.
“It is only fair that the court will rule in favour of those who approached it with the problem,” said Abhishek, an intern at Supreme Court, when students approached him with their queries. Navneet Singh, National General Secretary of AISU (All India Students' Union), informed that many students would actually have their marks reduced if they are awarded as per 50:50 weightage.
“Most of the students have opted for admissions now, so they would not be bothered if their marks are changed or not,” he said. He explains that while the 50:50 criteria will benefit some who are getting less marks with the current 30:70 criteria, it may specifically benefit the students who appeared for the CBSE compartment exams a few days ago.
Meanwhile, the Odisha Abhibhabak Mahasangha (OAM), a parents’ association from Odisha, had filed a PIL on behalf of the students, demanding the 50:50 consideration. The PIL was registered on August 16 and the hearing took place on August 24. The court has asked for the details of the students who have been affected.
“The court sought a survey report. We are now floating a Google Form, asking students to fill in their details,” said Advocate Adisha Mohanty, who is representing OAM. She informed that they were also making efforts to approach various schools, make them aware of the PIL and reach out to students. “We will keep the Google Forms open for responses till about next Sunday (September 4). After that we will formulate our report,” she said.
Roshan Kumar, General Secretary, Bihar AISU, informed that the Google Form contains details like how much marks students have got now and how much they would get if they were awarded as per the 50:50 weightage. “We will be collecting information for 500 students,” he said. Advocate Adisha added that they would be accessing how many students are happy with the 30:70 consideration and how many are affected by it.
“The next hearing is on September 26,” Adisha informed. Justices S Muralidhar and Chittaranjan Dash will preside over the hearing, Roshan informed. Advocate Adisha admits that it is indeed very late and students who are waiting for admission would be affected. “But there is nothing else to be done. PILs generally take a long time to process because the judge has to check each bit in detail,” she said.
“We are trying to collect the required data as soon as possible,” Roshan said. “The Delhi High Court directing the CBSE to change the marks of just the petitioner is unjust,” he stated. However, Adisha stated that they could cite the Delhi HC’s judgement and use it in their favour. However, she clarified, “Just like Delhi HC ruled in favour of the petitioner only, the Odisha HC’s judgement will only be for Odisha students.”
In a conversation with EdexLive, the OAM Chairman, Basudev Bhatta had stated that parents’ associations from other states were also looking forward to Odisha HC’s judgement. Adisha confirms this fact. “If the court judges in favour of the students, the others can approach their respective state courts citing that,” she said.
She further stated that the association has demanded that CBSE be instructed to award everyone as per the 50:50 criteria. But if that is not possible, then CBSE should open a portal through which only the affected students can apply for re-marking.
