Upset with Delhi High Court order on marks moderation policy, CBSE to approach SC

New Delhi: The Central Board of Secondary Education (CBSE) is likely to approach the Supreme Court to challenge a Delhi High Court order allowing continuation of its moderation policy on extra marks which was scrapped last month.

The Delhi High Court ruling has triggered uncertainty over the announcement of class XII CBSE results with the CBSE mulling legal action. 

The CBSE is expected to file a special leave petition in the Supreme Court justifying its decision to scrap the moderation policy.

At a high-level meeting chaired by Union HRD Minister Prakash Javadekar on Wednesday, it was decided that the Board will take legal opinion before deciding on its future course of action.

"Legal opinion was sought and it was decided that the board may challenge the order and results will be announced on basis of the decision," a source said.

The Delhi High Court had yesterday said that doing away of the marks moderation policy this year was unfair to students who had registered for the exam when the policy was still in place.

When asked, the HRD Minister said that the CBSE would take a call on the issue.

CBSE Chairman RK Chaturvedi, however, maintained that the court order is being "studied" and all attempts are being made not to delay the results.

"The court order is being studied in detail and we are trying that the results are not delayed," he said.

The sources further said that the moderation has to be viewed at three different levels -- grace marks to help students pass in case he or she is missing out by few marks, difficulty levels in different sets and inflation or spiking of marks which is carried out in the garb of moderation.

"The board is likely to contest the third definition of moderation," the source said.

The issue of six states already declaring their results is seen as another matter of concern as those students are likely to suffer in the undergraduate admissions.

The high court had yesterday termed as "unfair and irresponsible" the board's decision to scrap its 'moderation policy' under which grace marks are given to students in exams for difficult questions and had asked why it cannot be implemented from next year.

The decision of the CBSE, which would come into effect from this year, "would have a drastic effect on the students," the court said.

It also asked the board why it cannot implement the change in policy from next year as the results of the 2016-17 exams are expected to be announced in a few days.

The CBSE along with 32 other boards had decided to do away with the marks moderation policy last month.

With PTI inputs