SHC dismisses petition against holding in-person A and O levels exams

The Sindh High Court (SHC) on Friday upheld the decision of the federal education ministry and the National Command and Operation Centre (NCOC) with regard to holding in-person examinations of A and O levels students in the country, and rejected students’ request for awarding school assessed grades in lieu of in-person exams.

The high court, however, directed the education ministry, NCOC and Cambridge Assessment International Education (CAIE) to ensure strict compliance with standard operating procedures (SOPs) during the exams.

Petitioners Sehar Fatima and others had submitted in the petition that the federal government had decided that A and AS levels exams would begin on April 26 and O level exams would be conducted from May 10 onwards as per the schedule, which was discriminatory as on the one hand, the government had deemed it risky and dangerous for students from 1 to 12 across the country to either attend physical classes or take exams during the current third wave of the Covid-19 pandemic in the country and on the other hand, they did not choose the same policy for thousands of Cambridge students.

The petitioners had sought directions for the ministry of education and CAIE to adopt the option provided for evaluating the students in O, A and AS levels exams through the method of school assessed grades, failing which approximately 85,000 students would suffer irreparable losses.

A division bench of the SHC headed by Justice Mohammad Ali Mazhar after hearing the arguments, observed for reasons to be recorded later on that holding physical exams for A, AS levels and O levels according to the notified schedules did not violate any fundamental rights of the students.

The high court observed that the petitioners could not claim any vested right to evaluate or appraise their credentials and competence by dint of school-assessed grades and not by means of physical examination.

The bench remarked that the policy decision impugned in these constitutional petitions was based on number of circumstances on facts and expert opinions, forethought and premeditation of all pros and cons and it did not seem to be arbitrary, discriminatory or in violation to any constitutional, statutory or other provisions of the law.

It observed that it did not find any justification or rationale to interfere in the government policy decision when all the arrangements had already been made for physical examination and a large number of students throughout the country were geared up to appear in the examinations while a few students only had approached the court of law for obtaining a stay against the examination and hampering the entire process, which was totally unwarranted and prejudicial to the interest of a large number of students who were ready to take the examinations and were preparing for them religiously.

The high court observed that the ministry of education had communicated the British Council of Pakistan country director for the enforcement of SOPs during the physical examination of A and AS levels and O level, according to the schedule.

The SHC observed that the British Council had been visibly told for observance and adherence to the Covid-19 SOPs that included desks to be placed six feet apart, face masks to be worn, hand wash facilities to be arranged at all the venues, mandatory temperature checking, and the venues to be sanitised completely before and after the exams.

The bench observed that a counsel for the CAIE had also produced a copy of the SOPs with clear assurance and undertaking that during the physical examinations, the SOPs shall be strictly followed and implemented.

It observed that the CAIE counsel, during the course of arguments, also produced a letter issued on April 8 by the CAIE to all the principals across Pakistan in which a further relaxation had been given that if a student or their parents were not comfortable for taking examinations in the May/June 2021 series, they could withdraw their entries any time until the end of the series and sit in any future exam series without any additional financial burden.

The high court observed that if the petitioners were not in a position to take the physical examinations according to the present schedule, they might avail the relaxation.

In its short order, the SHC upheld the NCOC decision of holding physical examinations for A, AS and O levels in Pakistan in line with the notified schedule and also rejected the prayer for awarding school-assessed grades in lieu of physical examination.