CBSE may move SC against Delhi HC's moderation order

25 May 2017

Amidst chaos over a Delhi High Court order allowing moderation in marks in Class XII examinations of the CBSE, leading to inordinate delay in the announcement of results, the board is expected to move the Supreme Court against the court order.

With the high court order allowing moderation in marks in Class XII examinations of the CBSE, the fate of at least 15 million school-leaving students hangs in balance.

Amid indications that CBSE may move the Supreme Court against the Delhi HC order asking it not to do away with the moderation policy this year, several other school boards are likely to delay announcing Class XII results as they wait and watch the developments.

The UP board decided on Wednesday to follow whatever call CBSE takes while the Council for the Indian School Certificate Examinations, which normally declares its results by mid-May, seems to have a similar strategy.

Adding to the uncertainty is CBSE's silence on whether the moderation muddle will hold up its Class XII results. Delay in results will have a spiralling effect, hitting the admission calendar.

Besides, a move to apply moderation, or not apply it, will impact candidates across boards.

On Wednesday, the HRD ministry decided to seek legal opinion on the Delhi HC's order. Sources said CBSE is likely to move a special leave petition in Supreme Court against the verdict. CBSE, along with 31 school education boards, had reached a consensus on 24 April 2017, on not moderating marks and around seven boards have already declared their results based on that understanding.

Thirty-two education boards, including Central Board of Secondary Education and CISCE, had agreed to create a "level playing field for all students" and to buck the trend in recent years of college admission cut-offs reaching unprecedented highs.

Following the high court's order, the matter was discussed in a meeting called by union human resource development minister Prakash Javadekar with the secretary of school education and the chairperson of CBSE on Wednesday morning.

"In the meeting, it was decided that a legal opinion is to be taken on the matter as well as explore other options," a senior ministry official said after the meeting.

"Further action can be taken only after legal opinion, which is awaited. The fact that some of the schools boards, for example in Punjab, have already declared their results without moderation is creating confusion."

While HRD sources said that "results should not be delayed because of this issue", CBSE sources added that nothing can be said for certain till a final decision in the matter is taken.

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