"If there is any fatality, we will hold the state responsible," the Supreme Court told the Andhra Pradesh government on Tuesday on being informed of its decision to hold Class 12 board examination.
A bench of Justices AM Khanwilkar and Dinesh Maheshwari was informed that Andhra Pradesh and Kerala are the only two states which have till now decided to hold the Class 12 board examination.
"You can't keep everything uncertain. Remember, if there is even one fatality, we will make the state responsible," the bench told counsel for Andhra Pradesh.
Advocate Mahfooz Nazki, appearing for the AP government, submitted that the state wants to go ahead with physical examination for Class 12 students and added that final decision on it has been deferred till July 1. "We feel we will be able to conduct the examination," he said.
To this, the bench said: "What if you were unable to conduct the examination in July, and why it is not possible for the AP government to take decision now, like other state governments."
The bench sought to know as to why the state was creating uncertainty in the minds of students by delaying the final decision for the first week of July. "You take a decision by Wednesday and we will take up the matter on Thursday," the bench told Nazki.
It also sought to know how many students are expected to take the exams. The counsel replied 5 lakh and emphasised all safety protocols will be followed, and not more than 15 students will be allowed in the examination hall.
The bench further questioned the counsel whether the state has that many schools to accommodate the students during the examinations. "Why don't you have schemes like CBSE and CISCE to assess the students," the bench said.
Nazki said that they have a kind of problem because grace marks are given in class 10 in the state boards plus the internal assessment mechanism of students is not that strong.
The bench then asked counsel to convey it the government's decision in the matter within two days. "You must come up with a very good reason, if you want us to allow you to hold the Class 12 board exams. You must take the decision by tomorrow and file an affidavit," the bench said.
The observation by the top court was made during the hearing of a PIL filed by advocate Anubha Sahai Shrivastava seeking cancellation of all state board exams. The top court said it will also pass order on the plea challenging the Kerala government decision to hold Class 11 exams. The top court will take up the matter on June 24.
The Assam, Tripura and Karnataka governments informed the Supreme Court on Monday that they have cancelled Class 12 state board exams in view of the ongoing Covid-19 situation.
