CBSE Challenges HC Order Over Moderation Policy And Moved SC, Delay In Result


As the disclosure of the CBSE Class 12th Results 2017 is expected to be delayed further as the board is thinking to challenge  the Delhi High Court decision on moderation policy before the Supreme Court of India. The Delhi High Court had said that the CBSE results should be announced without the moderation policy being chucked. The Central Board of Secondary Education (CBSE) has filed a legal opinion on the involvement of the Delhi High Court (HC) direction, which stopped it from taking back its moderation policy for the Class XII and Class X examinations held this year. According to the report, the Board is considering the option of filing a Special Leave Petition in the Supreme Court against the HC order.

Prakash Javadekar (HRD Minister) met R K Chaturvedi(CBSE chairman) K K Sharma (Higher Education Secretary) and Anil Swarup( School Education Secretary )  on Wednesday morning to ventilate Tuesday’s enhancing in court. Moving forward in this, CBSE officials along with Chaturvedi, spank most of the day with Sanjay Jain, the Additional Solicitor General (ASG) to understand the changes of the court’s directive and finishes the course of the move.
However Board officials have confirmed  that Class XII results will be declared by the end of this month.

In the mean of all this, Delhi University (DU) has written to the government to delve for HRD Ministry’s influence for “appropriate weightage” with regard to CBSE’s request to its students for admission in all  undergraduate programmes this year so that they do not drop out to candidates from other state boards that exaggerate their Class XII results.

Earlier CBSE students had an detriment that could be caused by some of the regional state boards that exaggerate Class XII results, on may 9, Chaturvedi had written a letter Yogesh Tyagi, the vice- chancellor of DU requesting him to calibrate the university’s admission policy to acquaint some permission for CBSE students this year. DU Registrar has already informed the HRD Ministry that the university, as a policy of their, does not segregate between different school boards and that it’s difficult to accommodate CBSE’s request at such short notice for DU, this is clearly highlighted  in the letter written on monday. The registrar has also requested the government’s interruption by discussing the problem of exaggerated Class XII results with all school Boards so that all applicants of DU get equal right and equal weightage.

However the HRD Ministry, has already held a  meeting suggesting the DU registrar in his letter. Members of over 30 schools boards, with the exception of Kerala State Board, agreed to stop “upward revision/spiking of marks” from the current year ,On April 24. CBSE, too, was part of this unison.

Even the policy to give grace marks for getting at least pass percentage was left untouched. “Moderation, in its true sense, has  been continuous. The school education boards had express to stop the practice of artificially escalate results. We are now trying to understand if the High Court will interpret in  the ‘spiking of marks’ as moderation and asked us to continue this mean practice. There is confusion on that basis. The Board’s further course of move will depend on the legal opinion said by the  senior ministry official.

“Moderation” is a common  adopted by school boards to “bring uniformity and equality  in the evaluation process”. In other words, marks scored by students are calibrated to align the marking levels of different checkers to maintain at least marks  of pass percentage to candidates across years and to compromise with the  students for difficulties experienced in solving the problems in the specified time. Over the past many  years, many state education boards, and sometimes even CBSE has started artificially inflating in  Class XII results in the garb of moderation.

The Delhi High Court’s order has announced states like Punjab, Karnataka and Rajasthan in a fix as they were among the first to award their saying to stop “upward revision/spiking of marks”. Their Class XII results have registered a significant fall this year. CBSE has clearly said that they will continue their grace marks policy this year  also and give one per cent award to help students to get  pass. But there was no discretionary distribution of marks to get good results. On Wednesday, Balbir Singh Dhol , the chairman of Punjab School Education Board (PSEB) has  told that they can only decide after studying the court order on the question about what they would do if CBSE is forced to continue spiking of marks by the court?

On Tuesday, Gita Mitta, High Court bench of Acting Chief Justice l and M Singh  Justice Pratibha, while mentioning that the students would be put to “grave and irreparable loss” if the policy of moderation was removed away with at this stage, said the “petitioners had made a prima facie case for interim relief”. As the balance of convenience was also in the favour of students, CBSE was directed “to follow declared policy, including moderation” which was in practice when the students of the academic session 2016-2017 had filled the examination forms for senior and senior secondary exams.

The bench, however, said it was not expressing any opinion on the merits, demerits, legality, or constitutionality of the moderation policy.
“We don’t have the expertise on education policy. We are deeply concerned in the manner, especially timing (of the new policy), which can change the academic future of students,” it said.


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