Mumbai:The Bombay High Court on Thursday said examinations of Classes 10 and 12 are now being cancelled all over the country owing to the second wave of the COVID-19 pandemic, and asked if the court can interfere in such policy matters.
The court asked that at a time when gatherings are being avoided due to the coronavirus situation, is it right to make children assemble at one place to take the exams.
A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni questioned Pune-based professor Dhananjay Kulkarni, who had filed a petition challenging the Maharashtra government's decision to cancel the SSC (Class 10) board exams this year due to surge in COVID-19 cases, as to what was the manifest arbitrariness in the said decision.
'What is the manifest arbitrariness? Why do you say that these exams need to be held? Tomorrow if students get affected (with COVID-19) then who will take responsibility? Are you (petitioner) willing to take responsibility?' Chief Justice Datta said.
The court noted that all over the country board examinations are being cancelled and the decision is being taken by expert bodies.
'This is a matter of policy where the Executive has taken a decision. It may appear as foolish to you (petitioner) or sometimes even us, but that is no ground for us to interfere. The only ground where we can interfere is when there is manifest arbitrariness and the decision infringes upon a person's fundamental right,' the court said.
Read:Nothing mysterious about Sharad Pawar-Fadnavis meeting: Sena