The Supreme Court on Monday agreed to examine a plea by Class 12 CBSE students that they should not be declared as “fail” in their improvement exams and instead their original marks should be maintained for this year’s exams held during the pandemic.

According to the aggrieved students, the CBSE had initially announced that the higher marks obtained by the students either in the original exam or the subsequent improvement exam would be considered final. But the board chose to renegade on its earlier assurance.

A bench of Justices A.M. Khanwilkar and C.T. Ravi Kumar, while seeking CBSE’s response, posted the matter for further hearing to December 6.

The students have moved the apex court pleading that Class 12 students who were declared “pass” by the CBSE in accordance with its assessment policy dated June 17, 2021 and appeared in offline exams held in August-September 2021 for improvement of their scores should not be declared “fail” in case they failed to pass in the improvement exams.

Instead, the students pleaded that their original marks should be maintained wherein they had already been declared “pass”.

“Petitioners herein have either been declared fail or awarded less marks in the improvement examination. Petitioner students are under an apprehension that their original result declared by the CBSE in which they were declared pass will be cancelled, on the basis of the following Clause 28 of Respondent no. 1 Evaluation Policy dated 17.06.2021,” the petition said.

According to Clause 28, students who are not satisfied with the assessment will be given an opportunity to appear in exams to be conducted by the board when conditions are conducive. As per this policy, marks scored in the later examination will be considered final.

According to the petitioners, the clause is contradictory to the CBSE’s earlier circular and press statements issued in this regard.

It was pointed out that as per a CBSE circular dated March 16, 2021 for students appearing in improvement exams, “Better of the two marks obtained in the subject will be considered for final declaration of results.”

The circular further stated: “Candidates who will improve their performance will be issued combined mark sheet.”

A press release dated September 29, 2021 issued by the CBSE stated that 34,317 students appeared in the offline exams for the purpose of improving their scores. Clause 3 of the press release stated: “In case of improvement, both mark sheets are valid. You can use either one.”

“Admittedly, there is no specific bye law which says that original marksheet will become invalid or be cancelled…” the petitioners pleaded while seeking appropriate directions to the authorities.