The Supreme Court in Jay Dhande & Ors vs Union of India & Ors directed the Comptroller of Examinations to examine the grievances of students in the dispute with regard to marks allotted to petitioner students as per the 30:30:40 formula for classes X, XI, XII respectively for the 2021 exams, where the Board had resorted to alternative assessment in lieu of written exams due to.
The Court has also asked the Comptroller to take the assistance of the technical team to explain the flow of algorithm and software which provides for different deduction of different marks student-wise.
It is the case of the petitioners that CBSE without any authority, has changed the marks given by the the School and has awarded marks which are much less than the marks given by the School. The School Commitee however pleads that it meticulously followed each and every instruction as mentioned in the CBSE portal and did not have any power or option to moderate or assign marks on its own. The entire process was conducted as per the CBSE guidelines and that there can be no error in their computation.
The School further argued that CBSE is trying to cover up its deficiency by blaming the School.
Considering, the matter at hand the Comptroller was directed to use a defined mechanism along with a software that explains the flow of algorithm and provides for different deduction of various marks student wise.
The Court held that
"The order passed by the Comptroller of Examinations dated 31.12.2021 has neither adverted to this aspect much less dealt with the same. As a result, we deem it appropriate to direct the Comptroller of Examinations to reconsider the aforesaid grievances of the petitioner(s) and take appropriate decision as may be advised, including by taking assistance of technical team to explain the flow of algorithm/software which provides for different deduction of different marks student-wise. We may not be understood to have expressed any opinion either way on this contentious issue. All aspects may be considered by the Comptroller of Examinations on its own merits and appropriate speaking order be passed within two weeks from today."