Sukriti Gupta & others Case had come up before the Supreme court in year 2021 in which number of class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams.Supreme court vide their order in this case had directed CBSC to re think on the issue and consider request of the students
CBSC adopted the Standard formula as per their policy and considered the cases where student had failed in improvement exam but was pass in original exam . those who failed in improement exam were passed on the basis of previous exams but did not consider to give option to students for retaining previous marks
SC Struck down clause 28 of CBSC policy which held that marks in later imprvement exams will be considered as final for assesment of class 12 exams for the last academic year the bench directed to provide the optionto candidate to accept better of the two marks obtained for final declared of results
Court specifically asked CBSC-Give us justification why it is not possible ?In the past year you have done it ,why not this time /Court made a remark that CBSC has not given justification for departure and struck doun the clause CBSC to provide option to the candidates
SUKRITI AND OTHERS V/S CBSC WP 1214/2021