Supreme Court strikes down condition in CBSE policy to
consider marks scored in the later test
Sukriti Gupta & others case had come up before the Supreme court in the year 2021 in which a number of Class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams. Supreme Court vide their order in this case had directed CBSE to re-think on the issue and consider request of the students
CBSE adopted the standard formula as per their policy and considered the cases where the student failed in improvement exam but passed in original exam but did not consider to give option to students for retaining previous marks.
A bench of Justices A M Khanwilkar and C T Ravikumar said the Central Board of Secondary Education (CBSE) shall provide an option to the candidate to accept the better of the two marks obtained in the subject for final declaration of his or her results for the last academic year.
Court specifically asked CBSE to give them justification why it is not possible? The top court noted that the petitioners have the grievance that this condition has been inserted in departure of the earlier schemes where the better of the two marks obtained by a candidate in a subject was to be considered for final declaration of results. However, no justification was provided by the CBSE.
SUKRITI AND OTHERS V/S CBSE WP 1214/2021