Can We Substitute State’s Decision That Environment Isn’t Conducive For Exams? Bombay HC Asks Petitioner Challenging SSC Examinations Cancellation

What Is The Issue

• Public Interest Litigation was filed by professor Dhananjay Kulkarni, challenging the April 19 decision of the state government to cancel the Class 10 (SSC) board exams in the state due to the surge in COVID-19 cases.
• A division bench of The Bombay High Court consisting of Chief Justice Dipankar Datta and Justice G S Kulkarni made the “prima facie observation” that when the Maharashtra government has decided that due to the COVID-19 pandemic the situation in the state was not conducive to hold Class 10 board exams, would it be right for the court to step in and direct otherwise.
• The court also held that If students took the SSC examination in the physical format, they would be exposing themselves to the risk of Covid-19.

Observations Of The Court

• The bench observed that the second wave of the COVID-19 was much worse than the first wave. It noted that the coronavirus is targeting young people this year and more and more children are getting affected. The court postponed the matter for a further hearing on Thursday, June 3.
• The Maharashtra government filed an affidavitin response to the petition, which stated that the decision to cancel the SSC exams was taken keeping in mind the safety of students, parents, teachers, and those involved in the exercise of conducting the exams.
• The bench on Tuesday directed Dhananjay Kulkarni’s advocate to amend the petition to also challenge the subsequent order passed by the government, devising a formula on how to evaluate the students.
• The state referred to the third wave predicted in July/August and the increased risk posed to children between 10-18 years. As of May 30, over 5.7 lakh children were affected with Covid-19.
• The state held that this decision was taken in consideration to the lives of students, examiners, teaching/non-teaching staff and many involved in conducting the examination.