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​SC PERMITS AROUND 30 STUDENTS TO APPEAR IN D.ED. EXAMINATION CONDUCTED BY BSE

Saturday - May 13, 2017 3:56 pm , Category : WTN SPECIAL

SC PERMITS AROUND 30 STUDENTS TO APPEAR IN D.ED. EXAMINATION CONDUCTED BY BSE
SHOW CAUSES BSE TO JUSTIFY THE LEGALITY OF ITS ORDER WITHOUT PUBLICATION IN OFFICIAL GAZETTE
 
Text Box: MORE THAN 500 STUDENTS OF THE STATE LIKELY TO BE BENEFITTEDThe BSE has debarred more than 500 students in the last 2 years from appearing the D.Ed. Examinations on the basis of the departmental order of December 2012, the challenge to which has been entertained by the SC. Verdict of SC is likely to benefit all such students, who have been debarred in the similar fashion by the BSE. Jabalpur – A Division Bench of Supreme Court, Delhi presided by Justice Dipak Mishra & Justice A.M. Khanvilkar, whilst granting interim relief around 30 students for appearing in the forthcoming D.Ed. Examination conducted by Board of Secondary Education (BSE), also issued notices to the State Government and the Board of Secondary Education to justify the validity and enforceability of departmental order on the basis of which the students were debarred from taking their D.Ed. supplementary examinations. The interim order of Supreme Court, which, however, directed that result of students shall not be declared till further orders came on a clutch of appeals filed against the judgment of MP High Court, that had dismissed the writ petitions of the students, holding the decision of the BSE to be in right place. The petitioners, who were all from Betul District were debarred from appearing in the supplementary examination on the ground by the BSE that they have not been able to clear their respective annual examination  in “2 consecutive chances” available to them, relying on its departmental order of 17.12.2012. Having been unsuccessful from the High Court, the students had appealed before the SC seeking prayer for appearing in the forthcoming examinations scheduled in the last week of May 2017.
 
            Board of Secondary Education is the state level authority that conducts centralized examination for the students pursuing D.Ed. courses in various institutions in the state. On the basis of departmental order of December 2012, the BSE follows a rule that any student is entitled only for “2 consecutive chances” for appearing in the annual examinations of 2 year D.Ed. course, failing which, he has to compulsorily drop out and start afresh. Large number of students were also debarred on the basis of aforesaid departmental order of 2012 in the current academic year, when all of them approached the High Court challenging the validity of departmental order and for a further prayer for appearing in the examinations. The High Court through its detailed judgment had dismissed all the petitions in April 2017, against which the students appealed before the Supreme Court. The primary ground canvashed by the students was that departmental order of December 2012 is unenforceable, since it was never published in the official gazette & brought into force with the prior sanction of the State Government. Another ground on which the said writ petition were filed was that National Council for Teacher Education (NCTE), which is the apex authority for fixing norms and standards for D.Ed. course has laid down a maximum period of 3 years for completing the said D.Ed. course to any student, which period is also curtailed by the departmental order of BSE to much less than 3 years.
 
Counsel for the petitioners Mr. Siddharth Radhelal Gupta contended that the departmental order is completely unenforceable because the same has not been published in the official gazette as per the requirement u/s 28 of the BSE Act 1965, nor been ever approved by the State Government. Gupta further contended that the department order therefore cannot be made the basis for debarring the students from appearing in the respective examinations conducted by the Board, which has to function in accordance with the provisions of BSE Act 1965.
 
On the contentions of the counsel, the Apex Court issued notices to the State Government, Board of Secondary Education and the NCTE requiring them to reply on the aforesaid grounds. It also permitted the students to appear in the forthcoming examinations.-Window To News
 
 
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