Supreme Court judgement on Byelaws of CBSE

Supreme Court judgement on Byelaws of CBSE

The controversy regarding the cancellation of exams, modes of marking, system of evaluation, declaration of results, and issue of certificates by the CBSE has been the topic of discussion in the country for a long period. The uncertainty, anxiety, and stress faced by the students have been mitigated to an extent by producing the marking scheme and the date of declaration of results by the CBSE and ISC boards, recently. However, the bylaws regarding the application for correction of the marking certificates are still under consideration. 

The decision was taken by the Hon’ble bench consisting of Hon’ble Justices AM Khanwilkar, BR Gavai, and Krishna Murari. Responding to a petition seeking changes in the bylaws of the board, the judges observed that there had been a difference of opinions regarding the same among the various state Hon’ble High Courts. The Hon’ble Delhi High Court had thought that the bylaws in application to appeals seeking changes in the corrections in the certificates should be made irrelevant. While the Hon’ble Kerala High Court had stated that the bylaws should be duly functional in the said cases. 

The Hon’ble Supreme Court has observed that the declaration and implementation of the bylaws for the correction in the certificates should come to effect from the date of declaration of results and the issuance of certificates. This would put the students in a position to apply for rectifications in their marking certificates. Had the bylaws been decided on the date of the last examination and not on the date of declaration of the results, the students would have been in a situation of uncertainty. 

The Hon’ble court has also advised CBSE to have a different approach towards the extension of the limitation period. Students might notice their mistakes when they grow up and might want to apply for corrections at a later stage. They should be allowed to do so as such certificates are required by students at a later stage in their lives. Limitation period refers to the maximum period within which a student may apply for changes in their certificate. The same also applies to students who apply for a change of names after their results and certificates have been published. 

As it can already be noticed, the current pandemic situation has raised several questions regarding the future possibilities and the present instabilities in the lives of students all over the nation. The basis on which universities will take admissions and the date of the beginning of the session are also under consideration. The possibility of 2021 being a zero year again for students still looms menacingly.

Sneha Mukherjee
I am Sneha Mukherjee from Symbiosis Law School Noida, currently pursuing a BA.LLB. I am a self-motivated person with an optimistic approach to life and a rational brain. I love to think, analyse and articulate my opinions without fear or favour. With a keen interest in learning, growing and persevering, I take a small step each day to realise my dreams and ambitions.