In a major relief to students who appeared for Classes 10 and 12 exams, the Delhi High Court on Tuesday directed the CBSE not to implement its decision to scrap its moderation policy this year.
A division bench of Acting Chief Justice Gita Mittal and Justice Pratibha M. Singh noted that the Central Board of Secondary Education (CBSE) had decided to do away with the moderation policy after the students had taken the examinations.
"This may completely change the course of academic future of students," said the bench in its interim order, adding: "A rule can't be changed after the game has begun."
"It is directed that the CBSE shall follow the declared policy, including the moderation policy, which was in vogue" when the students took their exams, the court said.
The court's direction came on a public interest litigation that contended that the policy should not be done away with this year since it will affect students of Class 12 who have applied for admissions abroad.
The petition was filed by a parent and a lawyer, who said the policy was changed by way of a notification after the exams for the year were held and hence would have a drastic impact on the students.
Moderation of marks is done to bring uniformity in the evaluation process, wherein marks scored by students are changed to align with the marking standards of different examiners.
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The bench said that "a person who is taking the examination needs to be put to notice (about the decision to scrap the policy). Do it next year".
The court said it was concerned over the "trauma" of students who have taken the examination.
"Children have a right to know what you (CBSE) are doing. Probably, they are under more stress. Don't instil insecurity," the court observed.
In April, the CBSE decided to scrap its moderation policy with immediate effect, which caused distress among students awaiting CBSE 2017 board exam results that there will be a decrease in the percentage as no grace mark will be given for difficult questions.
The CBSE, however, said it will continue with its practice of awarding grace marks to students where a few marks are required to qualify.
Senior Advocate Balbir Singh, appearing for a petitioner, argued that as a result of the change in policy, Class 12 students may not meet the cut-off of the Delhi University as there could be a decrease in marks by at least 15 per cent due to the CBSE's decision.
The court also took note of his contention that the change in moderation policy could have "drastic consequences" for students who have already secured admissions in foreign universities and have raised loans for the same.
Additional Solicitor General Sanjay Jain, appearing for the CBSE, said the decision to scrap the policy was taken to remove "arbitrariness and inflation" of marks in board exams.
--IANS
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