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.

HC to CBSE: Keep Moderation This Year, Causes Delay In Result

The class 12 results of Central Board of Secondary Education (CBSE), which were expected to be announced on Wednesday, will not be announced till the CBSE board takes a decision on a Delhi High Court direction that stopped it from withdrawing its moderation policy for the Class X and Class XII examinations held this year. The court said, “Rules cannot be changed after the game has begun.” The grace marks are given to the students for difficult questions or errors in the question paper under the moderation policy.

Even though there was no official announcement by the CBSE on the date of the results, many of the CBSE-affiliated schools and various educational sites informed students that the Class XII will be out by Wednesday. On the other hand, the Central Board of Secondary Education (CBSE) spokesperson Rama Sharam said to The Indian Express that the results will be publicized on May 24. While commenting on the order of the High Court, she said that the Board will take a decision on it after examining the order. As per the sources, the Central Board of Secondary Education (CBSE) will take any decision on it only after consulting the Ministry of Human Resource Development. The chairman of CBSE R K Chaturvedi has been called for a meeting on Wednesday evening at the Ministry. According to the Board officials, the results will not be delayed and it will be announced by the month-end.

While responding on the withdrawing of the moderation policy at this stage, Acting Chief Justice Gita Mittal and Justice Pratibha M Singh of the High Court Bench said that it would put students to “grave and irreparable loss” if the policy of moderation will be taken away at this stage, said the “petitioners have made a prima facie case for interim relief”. The authorities have been directed “to follow declared policy, including moderation” that was going when the students opted for the examination forms for senior and senior secondary exams for the academic session of 2016-17. On the other hand, the bench cleared that they are not imposing or expressing any opinion on the merits, demerits, legality, or on the constitutional of the moderation policy. “The bench said, “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.”

The bench also expressed its concern over the students who had secured conditional offers from foreign universities as it said that the change in policy would affect them. It said that these universities evaluated the eligibility on the basis of CBSE’s existing policy and once it’s changed, it would affect students and have “drastic results”. While commenting on some “critical issues”, the bench claimed that the students were never informed before the examination about the policy at any stage. A Final date of submitting forms has been extended from November 5, 2016, to January 5, 2017. The roll numbers were also generated in January and exams commenced from March 24. When the examinations finished on April 29, the state education boards (except Kerala), Secretary, School Education, Ministry of Human and Resource Development and CBSE, came to a decision with consensus on finishing the policy modification with moderation at a meeting on April 24. This change in the decision was informed to all the state boards by a letter on May 10. The bench noted that “On any of the dates, the policy of 2016 was in vogue” and said that the authorities had already admitted it.

Before this, Solicitor General Sanjay Jain said that as per the new policy, the threehold level in which students are given grace marks to secure passing marks has not been changed, but “spike in marks” was changed. On the other hand, the bench said, “We are only concerned about students… We are not staying the policy… Do it in future… Please let children know what is being done… It might be a wonderful policy, but give a chance to students… We are concerned with the trauma of students who have given the exams.” Pointing to the fact that around 11 lakh and 8 lakh students across the country appeared for the senior secondary and secondary exams respectively in CBSE, the bench said, “The students wanted to know where they stand”. The court has given July 20 as the next date for the hearing.

SC Questions WhatsApp, Why To Change Privacy Policy And Why To Share Data?

On Monday, the Supreme Court has asked question to Whats App’s  privacy policy to share user data in 2016, two years after it was acquired by social media giant Facebook. Supreme court Bench of five judges, headed by Justice Dipak Misra asked  WhatsApp on the first day of hearing,”  Why did you change the privacy policy and what’s the purpose for sharing user data?” The bench of the supreme court comprises of five judges and which is led by Justice Mishra Justices AK Sikri, Amitava Roy, M Santana Gouder and  AM Khanwilkar are also the part of the team.

Expressing concern over sharing of user data Justice AK Roy,  who is one of the judges on the Bench said,”  What’s bothering us is that the earlier policy was a transaction between WhatsApp and the user and now you create a mega data base to exploit it commercially.” As the bench was informed,  the Senior Advocate, Harish Salve who was at the International Court of Justice in the Hague, representing India in the Kulbhushan Jadhav case, the SC asked Advocate K.V Vishwanathan to initiate  the one day long proceedings.

Internet Freedom Foundation as an intervenor in the case, Viswanathan said that unlike  other countries, India does not have any data protection policies and in the absence of these privacy policy, government was obliged to protect the fundamental rights of its citizens. According to the new policy, WhatsApp can share all its user data with social networking giant Facebook alleging that the decision  on privacy policy  of 160 million Indian users and  the petitioners challenged WhatsApp privacy policy because it violated users fundamental right to communicate freely.

Viswanathan told the bench,  due to the 2016 whatsapp  privacy policy, “I am under fear and my communication is hampered. Life of fear, tension, anxiety and torture is not a free life.” However, the senior advocate Siddhartha Luthra denied on behalf of WhatsApp that its pre 2016 policy did not include data sharing and asserted that the company never snooped on messages or user content. He said,”What is shared is the identification number of the device, the phone number of the user, user registration detail and last access of the service by the user.”

Luthra said that in today’s rapidly developing technological world it was important to communicate with other platforms for enhanced services and it’s our promise is to provide enhanced services by sharing limited information without impinging an individual’s rights.

The  bench said that it breached a user’s  trust, and said,”Why do you share? If You were not sharing user data in 2012, then why have you done it in 2016? You say the name is not shared but the attributes of identity are shared. What is the need to share the attributes of identity? Now users fear what you will share in future. During first hearing on this issue, the Union government had informed a constitution bench that it was wedded to an individual freedom of choice, though it was willing to debate the finer points of law pertaining to privacy policy since the same is under consideration by another Bench of the Court in the matter of Aadhar.

The government added that the  TRAI the Telecom Regulatory Authority of India was framing a policy on data protection and also was mulling over a data protection framework. Advocate Madhvi Divan, a petitioners told the bench that the regulation in place was outdated by the technology. Pointing out social media giant, Facebook, advocate KK Venugopal, told the bench that ” if a message conveyed by A to B on WhatsApp is never seen by anybody and in no time, it will be available to perusal as all whatsapp messages are end to end encrypted by company.”

The court said,Initially WhatsApp was thought to provide communication platform to user which was safe and trustworthy but as per the new policy change it  has taken away the user trust. “You may not be sharing the name but attributes of the identity are shared,” it said. The Centre supported the petitioners, saying there was a need of regulatory regime for the user data protection.

SC Take Dig On Govt: Whats The Logic Of Making Aadhaar Card Compulsory?

On Friday, The Supreme Court said that they will decide whether Aadhar card can be made mandatory for the filing of Income Tax (I-T) returns in the next week. Furthermore, the Supreme Court also asked the government to justify the need for making Aadhar card compulsory for filing I-T returns. While hearing the PIL against the government’s decision of making Aadhaar compulsory, the Supreme Court told the Centre that, “How can you make Aadhaar mandatory despite a clear order to make it optional? Is making Aadhaar by force the only way to tackle fraud?”

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Replying to it, the Attorney General Mukul Rohatgi said that the government has an act to use the Uniform Identification Number. “We found a number of PAN cards being used to divert funds to shell companies. To prevent it, the only option is to make Aadhaar card mandatory, he said, as per ANI report. The Supreme Court bench led by Justice Sikri asked the Centre that how Aadhaar card can be compulsory and forced on people. The Centre’s argument is that to restrict its essential services and beneficiary schemes.

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There’s also a matter that Aadhaar is pending on the issue of the right to privacy. On March 27 this year, the Supreme Court made it clear that Aadhaar cards cannot be made mandatory by the Central Government for extending benefits of social welfare scheme. A bench headed by Chief Justice J S Khehar had said that “The answer is this that for giving benefits of welfare schemes, it (Aadhaar) cannot be pressed. They cannot be stopped from seeking Aadhaar for Non-benefits scheme like the opening of bank accounts.”

The Finance Minister of India Arun Jaitley said that the move was aimed to link PAN cards with Aadhaar and to spot those easily who avoided paying taxes by having duplicate PANs. On August 11, 2015, the Apex court said that the Aadhaar cards cannot be made mandatory for the government’s welfare schemes. The Apex court said in its judgement that, “The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is not mandatory for a citizen to obtain an Aadhaar card.

The production of an Aadhaar card will not be conditioned for obtaining any benefits otherwise due to a citizen.” On April 25, the Apex court will hear on the plea challenging the government’s move of making Aadhaar card compulsory for PAN cards.

SC Order On Liquor Ban Within the 500m Of Highways Check What UP Govt Did?

Shocked by the decision of the Supreme Court of the ban on liquor vends within 500 meters of national and state highways from April 1, the hospitality industry estimates that it could hit a loss of tens of crores of rupees in the business and approx 1 million could be affected by the order. The Supreme Court also cleared on Friday that its December 15 order on banning liquor vends across the highways is also applicable on the hotels and restaurants.

Here’s a lowdown on the impact of the Supreme Court’s order to ban on industry and how the states are dealing with it:

Kerala is looking out for some options, including in search of 3-month exception

The liquor business of Kerala is one of the major revenue shares for the state, which is definitely going to be affected badly in the state after the Supreme Court’s (SC) decision. Kerala is looking for the options like de-notification of state highways to district highways to get around the Supreme Court order. They are also approaching the apex court for a three-month exemption.

The annual revenue of the state is approx Rs 40,000 of which Rs 10,000 comes from the liquor trade only. It also has one of the highest per capita consumption of the liquor across the country, 10.2 litres yearly alongside the national average of 5.6 litres. Adding to this, one thing is pretty sure that the state’s tourism industry is also going to be affected badly by the liquor ban. According to the Tourism insiders (Reported by Hindustan Times), the industry is already rolling under the effect of demonetization, the increase of service tax from 4.5% to 9%, and towering premium for tourist vehicles.

The president of the Confederation of Kerala Tourism Industry EM Najeed said, “We are fast losing out to some of the neighboring countries like Sri Lanka. Last year, the state lost many conferences and meetings due to liquor curbs. We fear the latest decision will lead to further slip in footfall.” The Kerala State Beverages Corporation, the government-run retail giant, is facing rigid resistance in closely populated areas, whereas relocating 159 closed outlets, adding worries for the state government. As the Supreme Court order comes into action on April 1, 159 government-owned outlets, 1,557 beer and wine outlets, 1,008 toddy shops, 18 clubs and 11 bars in five-star hotels have been downed board up, according to Hindustan Times report. Adding to it, the Kerala Tourism Development Corporation has also been affected badly as 29 of the 40 beer shops have been closed down. It’s 40% of the revenue comes from these shops. The state PWD and excise minister G Sudhakaran said, “Densely-populated state’s situation is different from others. We have sought a legal opinion that whether the state will get a three-month exemption. We haven’t thought of a shortcut to duck the apex court order.”

There’s also another worry for the state excise department that unavailability of quality liquor may entertain regular drinkers to hooch and narcotic substances.

Rs 3 crore loss in the first weekend claims Chandigarh hoteliers

The Hotel and Restaurant Association of Chandigarh claimed that the hospitality industry is going to be affected badly in the state. The president of the association Arvinder Pal Singh said, “This weekend, the hospitality industry in Chandigarh will have incurred a loss of more than Rs 3 crore. We will protest at the Sector 17 Plaza on Monday.” He also added that the association has planned to request the UT administration to declare the stretch between sectors 35-43, national highways 5 part of the route towards Ludhiana as a ‘major district road’.

“We will meet the deputy commissioner, the UT adviser and, if required, we will approach the UT administrator as well and hand over a memorandum,” he said. “The order has hit nearly 150 restaurants, bars and other commercial establishments in the Tricity. In Chandigarh, there are 88 such establishments, of which 63 are bars and 25 are beer bars.” Singh added.

500 Mumbai Restaurants and Bars remained closed on Sunday

There were approx 500 restaurants and bars serving liquor within 500m of Mumbai’s highways remained closed on Sunday (HT Reported). Adding to it, there were many regular visitors to the wine shops, restaurants and bars, along with eastern express, western express and national highways passing through outer edge and Thane alleged they were stunned to see that these joints refused to serve liquor.  The state excise department left no stone in implementing the order of the Supreme Court. They came into action on Saturday and sealed the godowns where the liquor was stored. They also gave an option to Hotels that if they want to operate, then only serve food and liquor will not be permitted. Some hoteliers agreed to do this and many preferred to shut their shops.

The president of Indian Hotels and Restaurant Association (AHAR) said, “Around 500 hotels in the suburbs fall within this restricted zone. They have all shut. The hoteliers have invested a lot in their business and are facing hard times.” Sourabh Kulkarni, 33, went to Oberoi Mall on Sunday and was shocked to see at the entrance that liquor would not be served. “No other restaurant nearby was willing to serve alcohol” (Hindustan Times reported). Vilas Rao, an executive with a multinational company also said that he was stunned to see that all the liquor shops near the Eastern Express highway in Chembur were closed. This order of the Supreme Court will hit 15,699 establishments and it will cost Maharashtra government Rs 7,000 every year.

Uttar Pradesh Government turns highways into district roads to avoid Supreme Court’s order

The government of Uttar Pradesh has taken the inspiration from the Chandigarh model to circumvent the Supreme Court’s order. They have simply rebranded many of its major highways as district roads. The additional chief secretary of Uttar Pradesh public works department Sadakant said on Saturday, “The internal roads of the city (currently notified as state highways) connected to a bypass are being declared as additional district roads while city bypasses are being declared as state highways.” The government finished renaming the roads just before a few hours before the apex court’s order on banning liquor vends on highways at March 31 midnight.

The UP government makes Rs 6,000 crore from the proceeds of 8,000-odd outlets (including the bars on the highways). Around 203 outlets in Lucknow, 100 in Kanpur and 221 in Varanasi faced immediate closure after the court order. The notification is bound to legalize many liquor vends, but it will take a time to conduct a new survey of the ones it can’t protect and the government is in no mood of taking a risk. A senior state excise department official told Hindustan Times that they will fully comply with the orders of the apex court. Many shops in the state capital fell under the Supreme Court’s order field due to ill-considered decisions made by the public works department, said The Lucknow Sharab Association (LSA). The LSA leader Kanhailal Maurya said, “Several areas were included under state and national highways hurriedly. This is why shops from Tile Wali Masjid to Koneshwar crossing, Thakurganj, Balaganj, and Dubagga have been forced to shut down. And we weren’t told about this until we paid our license fees!”

The liquor licenses that are given away on every March have always been a major source of income for the government. The LSA president SP Singh has already approached the high court, pleading that some shops have been wrongly shown to be part of the state highways (Reported HT).

Rajasthan also rebranded roads like UP and Chandigarh

The government of Rajasthan has declared that the state highways passing through habituated areas as district or urban roads to avoid the order of the Supreme Court. Like many of the states, excise duty is one of the biggest sources of revenue in Rajasthan too. In 2015-16, the state earned Rs 6,700 crore from excise duty and it has already fixed the target of Rs 7,300 for 2016-17. To avoid the lost through the order of SC, the state’s Public Works Department (PWD) issued an order for de-notification of 190km of 21 state highways passing through the 16 districts and measuring 3,029 km as urban roads or other district roads.

3,000 liquor licenses not renewed in Goa, CM Parrikar assures of some solution

The excise department of Goa on Saturday rejected to renew the licenses of the over 3,000 liquor vends. However, Chief Minister Manohar Parrikar assured that efforts would be made to get some solution and not affect the livelihood of the affected liquor traders. According to Hindustan Times, the meeting was held chaired by CM Parikkar and attended by Chief Secretary Dharmendra Sharma and top excise and finance department officials. From relocating liquor businesses to the proximity of national highways to the interior areas, all of it was discussed in the meeting.

The sources said, “It is one of the alternatives. After discussions, a proper policy will be worked out for relocating affected businesses.” It is also said that the existing excise laws allow bar and liquor store owners to shift their stock to new places. Goa is unarguably one of the most loved tourist destinations in India, where alcohol is taxed quite less than the other states. There are more than 11,000 licensed liquor vendors in the state (including bars and restaurant license holders) and more than 3,000 outlets that are facing problems due to the apex court order.

Non-Bailable Warrant Passed Against Minister Gayatri Prajapati

In the middle of efforts to arrest the rape charge accused Uttar Pradesh minister Gayatri Prajapati, Non-Bailable Warrants were issued by the police against him and six other persons on Saturday. The passport of the Minister has also been revoked for four weeks to prevent him from fleeing the country and a lookout notice has also been issued to him. The Uttar Pradesh police yesterday searched for the minister and conducted raids in Kanpur.

Gayatri Prajapati is becoming a major humiliation for the Samajwadi Party as all the rival parties, especially BJP, accusing the Chief Minister of Uttar Pradesh Akhilesh Yadav of protecting his minister. The minister has not seen since 27 February. The Uttar Pradesh Police took the action on the same day when Prime Minister Narendra Modi accused the alliance partners Samajwadi Party and Congress of reciting “Gayatri Prajapati Mantra”. In the meantime, yesterday all the airports and exit points across the India were put on high alert to prevent from the absconding minister from attempting to flee the country.

This alleged offense started from the October 2014 and was repeated till July 2016, but when the accused minister tried to assault the minor daughter of the victim then she wrote a complaint to the state DGP on October 2016, demanding the officer to take some action on the accused. According to the Intelligence Agencies, the accused minister of Samajwadi Party who is also contesting the Uttar Pradesh legislative assembly elections from Amethi is playing to flee from the country to rescue from getting arrested. The ADG (Law and Order) Daljit Chaudhary told PTI “Passport of rape accused minister Gayatri Prasad Prajapati has been impounded.” He also added that the Uttar Pradesh police will approach the Ministry of External Affairs to get the Passport canceled.

Mr. Chaudhary said Non-Bailable Warrants (NBW) had been issued against the Prajapati and six others in connection with the case of alleged gang rape of a woman and attempt to rape her minor daughter. He also said that to ensure the arrest of the accused minister, the special Task Force of Uttar Pradesh police has been roped, especially to prevent him from fleeing the country. The Prime Minister Narendra Modi also took a jibe on the minister and the Samajwadi Party earlier at an election meeting in Jaunpur by saying, “In this Country, when we do something good, we chant the Gayatri Mantra. But, the SP-Congress alliance is chanting the ‘Gayatri Prajapati Mantra’. “A case has been registered against him, but the chief minister went to campaign for him while the accused minister was present there. Now, the police cannot trace him,” PM Modi added. “A daughter is seeking justice and the chief minister is shielding the gunhegaar (guilty). What bigger plot can there be than this that in Uttar Pradesh when a buffalo goes missing, the government runs to find It,” said PM Modi.

According to the Official sources, a letter of cancellation (LC) will soon be opened against Prajapati and all airports have been alerted to prevent the SP Minister from escaping the Country. The letter of cancellation is a technical term helps in alerting the immigration authorities about any possible move by the suspect to leave the country. The Uttar Pradesh Police have registered the FIR against the SP Minister Gayatri Prajapati for allegedly gang-raping a woman and molesting her minor daughter with his aides. It looks like that in the coming days the minister would be caught by the Police or the accused will surrender himself to the police.