The Supreme Court heard the petition to cancel all board exams for 2021 today, from 11 AM to 12 Noon. Bench comprising of hon’ble Mr. Justice AM Khanwlikar, and hon’ble Mr. Justice Dinesh Maheshwari heard the plea filed by Advocate Anubha Srivastava Sahai and others, versus Union of India and others. It has been decided that the AP govt will again present a more detailed report tomorrow, and the court will only allow the state to hold inter exams if the state can assure there will be no fatalities. However in the case of Kerala Plus One exams, the SC said that the matter needs to be taken up in High Court.
The highlights of today’s hearings were AP inter exams, and Kerala class 11 exams – two such board exams which the respective state governments are adamant on holding.
AP govt is determined to hold inter exams for 1st and 2nd year students, citing ‘no alternative’ to the situation. Likewise, Kerala government has submitted its affidavit to the Supreme Court to hold class 11 exams.
In the past hearings in the same and related matters, it was decided that CBSE, ICSE board exams stand cancelled.
Overall 21 states have cancelled class 12 board exams, and 6 have already held them. Besides the matter of class 12 board exams, it may be noted that Karnataka has recently made its intent to hold SSLC (10th) board exams clear; though it is unclear whether this issue will be heard today.
Here are the live law coverage on today’s hearing on class 12 board exams. Students across the nation are looking forward to Supreme Court’s decision on exams that will be in favor of the students.
LIVE UPDATES
Supreme Court Decision on State Board Exams 2021: AP Inter Exams Will Be Allowed Only If State Convinces There Will Be No Fatalities, Kerala Plus One Exams Matter To Be Heard in High Court
The overall conclusion of today’s hearing was as follows:
AP Inter Exams 2021 – The court is not convinced that the state should hold inter exams. The state has been given time till tomorrow to provide a detailed explanation that all aspects of holding the exams have been considered. Further, the court has made it clear that the state will be held responsible if there is even one fatality, and this can be a deterrent for the exams as the court has also pointed out that some states are offering upto 1 cr in compensation. However the counsel from the state has continuously argued that the state cannot see any alternative to holding the board exams as the state does not have control over internals held in schools, thus any result based on such formulas will not be accurate. In conclusion, the SC can allow the state to hold exams only if it is convinced that all will be safe, including the students and staff.
Kerala Plus One Exams 2021 – In this matter the petitioners argued that class 11 students have already started online classes for 12th, and thus they should not be asked to sit for class 11 exams now. However the state has put forth that the class 11 exams should be held in September or October, and this timeline will also not affect admission 2022. In conclusion, the SC has asked the petitioners to submit writ petition in Kerala High Court, as right now the SC is only looking into class 12 exams.
Karnataka SSLC exams 2021 – There was no hearing on this matter in the court proceedings today.
Other state board exams – The SC has given freedom to each state board to have its own mechanism for declaring class 12 results. However at this juncture, the SC has not commented whether any particular criteria is correct or incorrect. Such a matter may be heard depending on cases that may be filed.
NIOS exams – NIOS has cancelled 12th exams, and needs to now only announce its result criteria in 10 days. Also, NIOS needs to announce results by July 31, 2021, like CBSE and ICSE. Moreover, the court has clarified that NIOS need not cancel on-demand exams.
LIVE UPDATES
12:08 PM
Supreme Court Decision on State Board Exams 2021: Hearing Conclude for Today, Next Hearing Tomorrow at 2 PM
The honbl bench has concluded today’s hearing.
The matters will be next heard tomorrow, at 2 PM.
12:07 PM
Supreme Court Decision on State Board Exams 2021: NIOS needs to announce scheme in 10 days, and declare result by 31 July
The Supreme Court further ordered that the National Institute of Open Schooling (NIOS) should formulate scheme at the earliest, and notify within 10 days. NIOS must also declare results by July 31, 2021.
The bench has further said that NIOS need not cancel the on-demand exam.
12:04 PM
Supreme Court Decision on State Board Exams 2021: Haryana Board Has Scheme Different Than CBSE, SC Dismisses Issue
Dr Monika Gusain said that the scheme adopted by Haryana State Board is different than CBSE. To which, the SC has responded that they will not look into uniform schemes in boards. Earlier, in today’s proceedings they have clarified that each board can have its own scheme.
Each state board can formulate its own scheme. However SC is not commenting upon whether the scheme is correct or not, that may have to be decided if such cases arise.
12:01 PM
Supreme Court Decision on State Board Exams 2021: Kerala Plus One Exams Matter To Go In State High Court
The bench asked the state (Kerala) to give a clear timeline. To which Adv Prakash, on behalf of the state said that they would.
Adv Padmanabhan however argued that no offline classes have been held for class 11 students. One month will not be enough to prepare, students will need at least 3 months.
However, to that, the bench said that if a student has not studied all year, he cannot be given 3 months. Nevertheless, Kerala has been asked to file an affidavit to say that all portions have been taught to class 11 students.
Further hearing in the matter of Kerala Plus One exams will be done by the Kerala High Court. The Supreme Court bench has said that they are only looking at the matter of class 12 exams.
11:56 AM
Supreme Court Decision on State Board Exams 2021: Kerala Plus One Exams Can Be Held in September-October
Justice Khanwilkar told Adv Padmanabhan (appearing on behalf of students) that class 11 exams do not have any bearing on admissions.
However, adv. Padmanabhan said that these marks have to be used with class 12 marks for admission next year.
To which, the bench said that admissions 2022 are later. Plus one exams can be held in September or October.
The counsel argued that the Prime Minister had announced that exams will be cancelled. However the bench said it was for CBSE.
Nevertheless, the counsel on behalf of students said that classes for 12th students have already started, and now they will have to break the chain to sit for previous class’ exams.
11:50 AM
Supreme Court Decision on State Board Exams 2021: Bench Rejects Kerala Plus One Exam Affidavit, What Has Been Said To AP Applies to Kerala Too, Discussion Ongoing
Adv Prashant Padmanabhan, appearing on behalf of the petitioners (students) opened by saying that they do not want Kerala plus one exams to be held.
Justice Khanwilkar said that what has been said for AP also applies to Kerala. However, Adv G Prakash, on behalf of the state, was unable to respond due to a technical glitch at his end. The court proceedings are currently happening online.
The honble bench proceeded by questioning as to when the plus one results will be announced and its impact on admissions.
Justice Khanwilkar stated that the affidavit submitted by Kerala has been rejected. The state needs to submit a plan, also the date of September is unacceptable.
Advocate Prakash has conferred that practicals for class 11 students have already been conducted in April. However the SC bench remained firm that the state has to submit a suitable plan tomorrow.
Nevertheless, Mr Prakash pressed on that plus one exams and their results impact admission 2022, and thus this year’s admissions will not be hampered.
11:42 AM
Supreme Court Decision on State Board Exams 2021: Hearing On Kerala Plus One Exams Begins
The bench will now hear the matter for Kerala plus one (class 11th) exams.
11:39 AM
Supreme Court Decision on State Board Exams 2021: AP inter exams can only be held if the court can be convinced that there will be no fatalities, Next hearing tomorrow on the matter
The honbl bench of Supreme Court has directed Andhra Pradesh (govt) to give them details of analysis of all angles to the issue. Unless the court can be convinced that there will not be any fatalities, until then, they will not allow AP to hold the inter exams.
Justice Khanwilkar has stated, “When others have cancelled you cannot hold it to show you are different only“.
While Adv Nazki asked for time till Monday for the next hearing, the court has given them time only till tomorrow. The next hearing on AP inter exams is thus tomorrow.
11:33 AM
Supreme Court Decision on State Board Exams 2021: ‘Just because you can hold the exams, it cannot be so’, says Justice Khanwilkar; AP adamant on holding exams as there is no alternative
Honbl Justice Khanwilkar has said that the bench wants a snapshot of the decision of authorities which shows that all aspects of holding AP inter exams have been considered. It is to be kept in mind that not only 5 lakh students, but also 1 lakh staff will be involved. What is the contingency plan?
Also, he has stated that a third wave is anticipated, and “just because you can hold the exams, it cannot be so“. The state considering to hold exams should also look at the international examples where the pandemic spread even through conference. Thus, AP needs to look at the issue from all angles and then decide.
However Advocate Nazki sticks to the earlier argument that the state does not have any alternate to declaring class 12 results as they do not have any check on internals held by schools. To which, the bench said that there is no problem that does not have a solution – AP can consider averaging of marks, or take inputs from CBSE, ICSE and other state boards.
11:28 AM
Supreme Court Decision on State Board Exams 2021: State will be responsible for even one fatality, There are states giving 1 crore compensation
Justice Khanwilkar has further said that they will give UGC directions to announce a cut off date for the announcement of board exam results. This will be done so that students are not denied admissions (in colleges) due to delay in board exam results.
Further, he has clarified that the state will be responsible for even one fatality. To that end, he has asked the state to consider the issue carefully, as there are states which are even giving 1 crore compensation.
11:25 AM
Supreme Court Decision on State Board Exams 2021: Justice Khanwilkar Asks, ‘Who will be responsible for the students?’
Justice Khanwilkar presses that if AP does not give the data now they will be asked to cancel exams. Also, Maharashtra, Kerala and other states have cancelled exams too. Plus, now there is a delta variant as well. The concern is of health and safety of all.
He said, “We saw what happened in second wave and everything was over in 10 days. Who will be responsible for the students? if you are going to cancel at the end then why not today?“
To which, Advocate Nazki said that the state will discuss the concerns and again file an affidavit.
11:21 AM
Supreme Court Decision on State Board Exams 2021: AP to have 34000 rooms, 50000 vaccinated staff for inter exams
The bench said that for 34,000 rooms the state will need 34,000 support staff. Also state will have to take responsibility of students plus the staff.
To which, Adv Nazki said that the state has already identified 50,000 staff for the purpose of the process. Also, they will all be vaccinated before the exams.
Justice Khanwilkar asked whether there is a plan on whether all the required 34,000+ rooms is there with the state or not. To which, the counsel replied that they are ready to give all the calculations to show how safety of students and staff will be ensured.
11:16 AM
Supreme Court Decision on State Board Exams 2021: When will AP Inter exams be held? Are there enough 25×25 rooms?
Justice Maheshwari points out that the affidavit does not clarify when will AP inter exams be held. Also, whether there is concrete knowledge that there are 25×25 rooms. Also, what if the rooms are without ventilation? The court accepts the affidavit but they want them (AP) to explain the measures, and convince it is safe.
11:13 AM
Supreme Court Decision on State Board Exams 2021: Bench Asks AP Whether They Have 25-35000 rooms To Follow SOPs For Board Exams, AP Advocate Says Yes Will Use Govt Buildings
Advocate Mahfooz Nazki is appearing on behalf of AP. He has said that the state govt has come to the conclusion that exams will have to be held for class 12. They can be held either by end of July, or even earlier.
Justice Khanwilkar, honbl bench of Supreme Court has asked him that the AP affidavit says there will be 15-18 students in a room, which means there have to be 28,000 – 34,634 rooms; whether govt has a formula for it. To which the Mr Nazki said that govt will utilize some govt buildings, and they have a formula.
11:08 AM
Supreme Court Decision on State Board Exams 2021: Adgaonkar Says Class 12 Results Criteria Should Be Uniform for All State Boards, Same Timeline for Result
However the bench of Supreme Court says that that may not be feasible. Each board has autonomous rights to make their own criteria and result timeline.
11:05AM
Supreme Court Decision on State Board Exams 2021: NIOS 12th Exam Cancelled but not On-Demand
SC says that they follow that, but that they have to do independently.
11:03 AM
Supreme Court Decision on State Board Exams 2021: Hearing Started, Petitioner Advocate Informs Court that AP Inter, Kerala 11th Exams Not Cancelled
Adv Shashibhushan Adgaonkar, the advocate on behalf of petitioner, said that AP has not cancelled class 12 exams, and Kerala has not cancelled class 11 exams.
11:01 AM
Supreme Court Decision on State Board Exams 2021: Hearing Starting Now, Bench Has Assembled
Court is going to begin the hearing now. The bench has assembled.
10:51 AM
Supreme Court Decision on State Board Exams 2021: Hearing To Start at 11 AM; Students Plead To Cancel All Exams
Students across the nation are looking forward to today’s court proceedings, and anticipate a decision in their favor. The students whose board exams are yet to be cancelled – AP inter, Karnataka SSLC, Kerala plus one, and repeater and private students of all boards – are especially glued to today’s live law updates.
10:28 AM
Supreme Court Decision on State Board Exams 2021: Karnataka SSCL Exam 2021 Get Green Signal From State Govt
As per latest reports, CM BS Yediyurappa has given his approval to the Karnataka Secondary Education Examination Board (KSEEB) to hold class 10 board exams. If the Supreme Court does not take a stand against it, students will have to sit for the exams next month.
9:51 AM
Supreme Court Decision on State Board Exams 2021: Exams Over Health, The Boring Dystopia No One Was Prepared For
If AP inter exams, Kerala plus one, and Karnataka SSLC exams are held, then the accusations of Indian students that their government prioritize exams over health will become proven. The Supreme Court is anticipated to consider all facts and concerns before passing a final judgement.
9:44 AM
GSEB 10th, 12th Purak Pariksha Time Table 2021 Released; Gujarat Board To Hold Board Exams for Repeater and Private Candidates
The Gujarat Secondary and Higher Secondary Education Board has officially released the time table for GSEB repeater, and private students class 10th, 12th board exams for 2021. The exams will be held from July 15, 2021 to July 27, 2021. It is unclear as to why the state is holding exams for repeater and private students, while cancelling the exams for regular students.
Students of CBSE, and state boards are demanding the Supreme Court to look into the cancellation of board exams for repeater, private students as well.
9:02 AM
Supreme Court Decision on State Board Exams 2021: CBSE, ICSE Class 12 Exams Decision Taken
It has been now decided that students will get both options – to get result by assessment, and also go for optional exams when they happen. Initially the court was in favor to give students only one.
8:00 AM
Supreme Court Decision on State Board Exams 2021: AP Inter, Kerala Class 11, Karnataka SSLC Exams Intended To Be Held
The states that have put forth their intent to hold board exams for 2021 are Andhra Pradesh, Kerala, and Karnataka. AP intends to hold inter exams for 1st and 2nd year students, Kerala for class 11, and Karnataka for SSLC i.e. class 10th. The Supreme Court will hear the matter for AP inter and Kerala class 11, however whether any discussion will be done for Karnataka SSLC or not is unclear at the moment. Nevertheless, students of these states of these classes are all going to be glued to the live law updates of the supreme court proceedings to find the supreme court’s decision on these state board exams today.
| Case No. | W.P.(C) No. 620/2021 PIL-W |
| Petitioner and Respondent | ANUBHA SHRIVASTAVA SAHAI AND ORS vs UNION OF INDIA AND ORS |
| Petitioner Advocate | SHASHIBHUSHAN P. ADGAONKAR |
| Respondent Advocate | SOUMIK GHOSAL, S. RAJAPPA[R-2], SANDEEP DEVASHISH DAS[R-4], SHUVODEEP ROY[R-6], DEBOJIT BORKAKATI[R-14], RANJAN NIKHIL DHARNIDHAR[R-18] MONIKA a GUSAIN[IMPL], MAHFOOZ AHSAN NAZKI[IMPL], JASPREET GOGIA[IMPL], G. PRAKASH[IMPL] PRAVEEN SWARUP[INT], PRASHANT PADMANABHAN[INT], MANJU JETLEY[INT] |
| DAILY CAUSE LIST FOR DATED | 24 Jun 2021 |
| Court No | 4 |
| Hearing Start Time | 11 AM |
| Bench | HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE MR. JUSTICE DINESH MAHESHWARI |
