State cannot permit conduct of pending ICSE exams in July: Maharashtra govt tells HC

AG Kumbhakoni told the Court that the decision was conveyed to him by Vandana Krishna, Additional Chief Secretary, on June 23, stating the direction was passed not to conduct physical exams for pending ICSE papers. A similar decision was taken for not conducting the University exams, the communication said.

This comes after the HC while expressing concerns over rising Covid-19 cases in the state had sought to know if it was adopting a “wait and watch” policy and had asked the state government to “clear” its position on holding physical examination for pending class X and XII papers of the Council for Indian School Certificate Examinations (CISCE).

The Maharashtra government had last week informed the HC that it has the power and authority to regulate and, if necessary, completely prevent the conduct of CISCE board exams of pending papers in view of COVID-19 pandemic. Advocate General Ashutosh Kumbhakoni had said depending on how many students opt to actually appear for the physical exams, it will be able to take a final decision.

A division bench of Chief Justice Dipankar Datta and Justice SS Shinde heard, through video-conference, a plea by advocate Arvind Rangnarain Tiwari, also the parent of a student from an ICSE-affiliated school, who had sought a court direction to the authorities to cancel the rescheduled exams in view of the pandemic and declare results on the basis of past performance in the papers for which exams have not been held yet. The HC also heard intervention pleas by parents.

Last month, the CISCE said it will conduct the remaining exams starting July 1. In a statement, the board said class X exams will be held from July 2 to 12 and class XII exams from July 1 to 14.

The CISCE on June 15 had told the HC that it will not force students to appear for the remaining exams for classes X and XII in July and that it had decided to offer students two options — they can appear for the remaining papers as per the revised schedule or they could opt-out, in which case the final results will be based on their performance in internal assessment or pre-board exams.

The court had also asked the central government to inform it about the decision of the Home Ministry, if any, pertaining to a plea before the Allahabad High Court, seeking cancellation of pending CISCE and CBSE exams.

Additional Solicitor General Anil Singh on Wednesday said that the Supreme Court was seized of a plea pertaining to CBSE exam and the top Court will be informed about the decision and the same can be conveyed to the HC.

When the bench inquired with the Council about the methodology for alternate assessment will be finalised by Thursday, June 25, the lawyer for the Board said that it is awaiting the SC decision and the methodology can be accordingly finalised.

Moreover, the Court said that since the state has taken a decision, the Council would have to abide by it and the schools cannot force students to choose between two options. Moreover, when the query was raised about the situation in case the other states allow conducting exams, the bench said that the Council can consider alternatives such as making arrangements for willing students in Maharashtra to give physical exams in adjoining states with due precautions and safety. However, it said that such queries can be heard later during the next hearing along with the methodology and posted the matter to Monday, June 29.