Supreme Court of India dismisses all Petitions Regarding the CBSE Examination paper Leak case
The Supreme Court of India bench headed by Justice S. A. Bobde and Justice L. Nageswara Rao on 04.04.2018 dismissed a bunch of writ petitions filed by the CBSE students in the stir of the latest event of the leak of the Economics and Mathematics question papers for class 10 and 12 examinations correspondingly.
It was on the basis of a notification issued by the Controller of Examination, the CBSE made the statement against the re-test of class X mathematics examination
Following petitions were filed in the Supreme Court of India:-
In the case of Rohan Mathew v. CBSE
A student of Class 10 had approached the Hon’ble Supreme Court of India against the resolution of the Central Board of Secondary Education (CBSE in short) to terminate and re-conduct the Math exam held on March 28 on distrust of question paper leakage. According to the petitioner, around 16 lakh students appeared in the exam in 11 regions across the country. The unverified distrust is that the question papers seeped in certain parts of the Delhi Region of the CBSE. Therefore, the petitioner stated that to punish the whole student community for an incident which supposedly took place in one center is illegal and arbitrary in the non-appearance of any evidence to show that the whole examination process was abased.
Senior Advocate Sajan Poovayya, appearing on behalf of the petitioner, withdrawn the writ petition on the basis of the notification dated 3rd April of the CBSE by which the Board had decided to not re-conduct the Math examination for class 10.
In the case of Reepak Kansal v. UOI
In this petition filed by Counsel Reepak Kansal, it was stated before the Hon’ble bench that on March 28, the CBSE had decided to re-conducting the examinations for the Economics and Mathematics papers for classes XII and X respectively “without considering the impact of the leak”. “The resolution of re-examination controverts the test of proportionality and fairness (as provided under Article 14)”, it was pleaded. Dismissing the petition, the Hon’ble bench stated, “it is not a part of the jurisdiction of this court to see if the paper was leaked…in writ jurisdiction, we cannot examine the impact of the leakage…this falls within the power of the authorities…”
In the case of Mahendra Pratap Singh v. CBSE
Through this petition, the petitioner sought directions to the CBSE to not conduct an Economics paper re-test for class XII students subsequent to the question paper leak issue. It was also stated in the petition that if at all the test will be held, it should be made non-compulsory.
While dismissing the petition, the bench observed, “It is not a moral concept that an examination is made optional”. Alakh Alok Srivastava v. UOI
The petitioner-in-person had prayed that re-examination be conducted of all subjects for Class 12 within four weeks and not only of the Economics paper. Further, he had sought an independent investigation by the CBI into the matter. Also, he requested that the CBSE and the HRD Ministry be directed to pay damages and compensation of Rs. 1 lakh each to the students of Class 12 appearing in the re-examination “towards the mental agony, mental stress and inconvenience caused”.
The Hon’ble bench on 04.04.2018 declined to inherit to any of the above prayers.