A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking cancellation of all postponed examinations and projects for students enrolled in National Institute of Open Schooling (NIOS). The petition filed by the father of a student enrolled with NIOS informs the court about the institute’s notification on June 30 to postpone and not cancel the Secondary and Senior Secondary Board examinations due to the ongoing Covid-19 crisis.

The petitioner points out that students would face great difficulties because of decision including the inability to obtain admission in institutions for higher education. The plea says, “The decision of NIOS to not cancel the board examination but to further postpone it, is bad and harsh, as it not only ignores the pandemic situation and difficulty faced by the students in appearing for board examination but will deprive students from securing admission in higher education because of delay in declaration of results.”

The petitioner also pointed out that the court agreed that the results must be declared by 15.07.2020 without delay, in order to ensure students are able to secure their admission in higher education institutions. It asserts “the decision of NIOS to further postpone the Board examination ignores the rationale of the Supreme Court order in CBSE case.”

Apprising Court that “the Indian Certificate of Secondary Education (ICSE) also decided to cancel board examination for Class X and XII” subsequently, and is in the process of issuing a notification regarding the same, the petitioner has sought for similar relief.

Pointing out that NIOS’s notification came out after the Supreme Court order, the petitioner asserts that the Institute knew that it should have cancelled the examinations but chose to postpone it . The HRD Ministry and NIOS should have cancelled the examinations and asserted that “not doing so is ex-facie illegal, Arbitrary, malicious and malafide, to say the least. Thus, deliberately jeopardising the life, wellbeing and the very existence of the NIOS students.”

The plea further argues that there are 5-6 lakh students enrolled with NIOS, informs the petitioner, and their lives will be affected due to such an action/inaction. Invoking Fundamental Rights of the aggrieved, it is reiterated that “students, for no fault of theirs, may stand to lose one year as they will not be able to obtain admission to further studies after school unlike others”.

The petitioner, additionally claims to have made representations before the MHRD and NIOS, but has not received a response. 

Source: National Herald