Supreme Court dismisses pleas against re-examination of CBSE leaked paper

The Supreme Court on Wednesday dismissed five petitions challenging the CBSE’s decision to reconduct Class-XII economics examination after an alleged leak, saying it is the discretion of the Central Board of Secondary Education.

The CBSE decision to conduct the re-examination can’t be challenged in the court, the SC said, urging the students who had challenged the CBSE’s decision to appear in the examination if conducted. Several students had filed petitions before the apex court.

The apex court bench comprises Justices S A Bobde and L Nageswara Rao.

The petitioners also wanted a CBI probe into the alleged paper leak, saying several incidents were reported from various states and Delhi Police was not competent to hold the nationwide probe. One of the petitioners, 15-year-old Rohan Mathew, also sought a direction to the CBSE to declare the results on the basis of the examinations conducted.

The CBSE on March 30 announced re-examination of economics paper for Class-XII throughout the country on April 25 after reports of the Class-X maths and Class-XII economics paper being leaked. The CBSE said on Tuesday that it found no impact of alleged paper leak of Class-X maths paper and no re-examination would be held.

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Mathew and two others moved the top court, seeking quashing of the CBSE’s decision to re-conduct the Class 10 mathematics examination on several grounds, including violation of their fundamental rights.

Earlier, another plea was filed in the apex court by Reepak Kansal, a resident of Shakarpur here, challenging the decision of the CBSE to cancel and re-conduct the two papers.

“It is to be noted that this year, 16,38,428 students are appearing for the Class 10 and 11,86,306 students for Class 12 in the CBSE examinations.

“And therefore, to penalise the student community for an incident which is under investigation and without completion of that investigation/enquiry and issuing a notice on March 28, 2018 (for re-exams), affects the fundamental rights of students which is arbitrary, illegal and unconstitutional,” the plea stated.

(With inputs from agencies)