The apex court said it is the discretion of the CBSE to conduct the re-examination and can't be challenged in the court.
"In the writ petition, we cannot order the CBSE to not to hold the re-examination. This is not the jurisdiction of this court to direct the CBSE not to conduct the examination. It is the discretion of the CBSE or the concerned authority," it said.
Press Trust of India reported that a bench consisted of Justices SA Bobde and L Nageswara Rao asked the students who petitioned the CBSE's decision to appear in the examination if conducted.
According to the schedule announced by the board, re-test for the Class 12 economics paper will be held on April 25 except for the candidates who have registered for the exams from the countries abroad.
However, the CBSE and Human Resource Development ministry has on Tuesday decided to not to conduct re-examination for Class 10 maths, for which also the paper leaks reported on March 28.
The CBSE said yesterday that it has found after assessment there was no impact of alleged paper leak of Class 10 maths paper and no re-examination would be held.
The petitioners also wanted a Central Bureau of Investigation (CBI) probe into the alleged paper leak, saying several incidents were reported from various states and Delhi Police was not competent to hold the nation-wide probe.
Besides seeking an independent probe into the leak, one of the petitioners, 15-year-old Rohan Mathew, also sought a direction to the CBSE to declare the results on the basis of the examinations already conducted, reported PTI.
Mathew and two others have moved the top court seeking quashing of the CBSE's decision to re-conduct the Class 10 mathematics examination on several grounds, including violation of their fundamental rights.
Earlier, another plea was filed in the top court by Reepak Kansal, a resident of Shakarpur here, challenging the decision of the CBSE to cancel and re-conduct the two papers.
The petitioners said to penalise the student community for an incident which is under investigation and without completion of that investigation/enquiry and issuing a notice on March 28, 2018 (for re-exams), affects the fundamental rights of students which is arbitrary, illegal and unconstitutional.
16,38,428 students have registered for Class 10 while 11,86,306 students -- for all streams, science, humanities and commerce -- have registered for Class 12 in the CBSE examinations.
Meanwhile, the central government on Tuesday constituted a High Powered Committee to examine the process of conduct of CBSE exam and suggest measures to make it secure and foolproof through the use of technology. School Education Secretary Anil Swarup said the committee will submit a report in this regard by May 31. Mr. Swarup tweeted that committee consists of experts, under chairmanship of V S Oberoi, ex-Secretary, Ministry of Human Resources Development.
(With Inputs from PTI)
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