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CBSE Student Files Writ Petition Against Re-Examination

Under Art. 32 of the Constitution of India, a writ petition is filed before the Supreme Court by Rohan Mathew, a CBSE student from Cochin. The petition is filed against the decision of CBSE to cancel the exam based on the mere apprehension that there is a likelihood of the exam having been compromised is violative of the proportionality doctrine. It said that the re-conduct of the examination cannot be decided on a mere likelihood of the exam having been compromised.
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A writ petition is filed before the Supreme Court under Art. 32 of the Constitution of India by Rohan Mathew, a CBSE student from Cochin, that a teacher must limit his teaching, concern and support within the classroom. The concern and support should not be to that extent that it leads to the leak of the question paper of the examination. 

The petition of Rohan Mathew is being represented by his father Santosh Mathew, a lawyer in Kerala High Court. The petition is moved through Adv. Raghunath Basant and Liz Mathew. Santosh Mathew said that the decision of CBSE to cancel the exam based on the mere apprehension that there is a likelihood of the exam having been compromised is violative of the proportionality doctrine. Senior Advocate Sajan Poovayya is going to appear for the petitioner.

According to Mathew, about 16 lakh students appeared in the exam from 11 regions all over the country and abroad. There has been an unconfirmed suspicion of question paper leak in certain areas of Delhi region of the CBSE. Therefore, if all the students suffer for an incident allegedly took place in once centre, then such decision is arbitrary and illegal where there is no evidence to show that the entire examination process was vitiated. I the petition, the reference of the Supreme Court case Tanvi Sarwal v CBSE and others, was given, where the board was directed to conduct a fresh medical examination in view of irregularities. In the case, it was made clear that the re-examination was ordered only after being convinced that there was a deep-rooted conspiracy by a group of persons who used electronic devices to provide beneficiary students with answer keys during the tests to enable them to solve the question papers.

It was further pointed out in the petition that the question papers were set by the CBSE are kept under utmost confidentiality, and the confidentiality is secured by using multiple sets of question papers for the same examination centre and taken care of it by security officers under a strict guideline. The petition said that the re-conduct of the examination cannot be decided on a mere likelihood of the exam having been compromised, rather it is an unreasonable arbitrary decision violating the fundamental rights.

Mathew prayed for quashing the decision of CBSE to re-conduct the examination and direct the board to publish the result on the basis of already held examination

The HRD Ministry had announced on Friday that April 25th the re-examination of class 12 Economics paper shall be held, and within 15 days they are going to announce the date of class 10 mathematic re-examination.
 

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Reviewed by:
Rashmita Das
Published on 31st Mar, 2018
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