Ashi Gaur
Ritwiz Gaur
A Lucifer’s plan
Our elder daughter Debasmita recently passed her class IX examination and was excited to set herself for CBSE’ new class X.
In search of reference material, she was “browsing” the untouched corner of our “Study room” and came back with old newspaper cuttings (2013) with intriguing expression. When we looked at the said cutting, it boldly read, “Physics paper leak: examination rescheduled for March 25”.
The details were more interesting, as it read, “Initially, CHSE (Council of Higher Secondary Education, Odisha) authorities seemed to be on a denial mode…… Initially, leakage of English paper was also reported in local media. But CHSE had ignored the claims…… We have come across the incident of question paper leak. Preliminary investigation pointed out no safety box was broken open by miscreants for making the question public…… We will take stringent action against the culprits…….We are taking all possible measures”.
Meanwhile our younger daughter, Agnishikha, who also off late had switched from ICSE to CBSE board and is about to evolve to class IX, innocently asked, “How illogical to read newspaper daily? You insisted that news changes daily…… but what appeared in 2013 with CHSE is exactly the news with CBSE in 2018”. Both of them giggled, looked at us and eloped out to play tennis with our nephew, Kumar Bodhisatv, together with our niece, Sanghmitra, who also will be appearing in CBSE class X and XII examination respectively in 2019.
Both of us, as an educator, sat quietly for long… feeling guilty towards the generation for whom, we believe and act to be guardian – a savior for their interest and paramount welfare.
We -the pseudo-intelligentsia- were stunned and kept on pondering upon the extended analogy that the phraseology of 2013 used by CHSE -viz. “initial denial mode”; “leakage of English paper was reported, but CHSE ignored the claims”; “no safety box was broken open by miscreants”; “will take stringent action against the culprits”- seems to be rhetorically used in 2018 by CBSE.
We were trying hard to come out of slumber thought process; meanwhile one of our student called us in distress and rightfully hold us accountable stating that he has flown to United States for his college admission process and now he will be constrained to return back -with all cost and consequential damages- to rewrite his Economics examination. He asked us to act upon and help in his shocking agony.
We wished away with breakfast and tried to occupy ourselves in daily chores but suddenly the “ominous popping sound” of messenger again brought us back into crude reality where one of our students wrote a distressed note as she was expected to rewrite her Mathematics examination again. Her emotional appeal to do something to help her out in sorry state of her stress made both of us feel miserably hapless.
Does magnitude matter?
The Minutes of The Governing Body Meeting of CBSE held on 15th December, 2017 categorically stated that in March-April 2018, the number of students appearing in the Board exams would be about 30 lakhs for class X & XII Examinations.
The issue is not confined only to 30 lakhs students or infact 30 lakhs families or mocking uncertainties with yet another 30 lakhs or more students who will be appearing for examination next year; but the gravity seems to have transgressed the boundaries.
As adults we are quite cognizant of the fact that how suspicious we behave when we witness the degrees or certificates of particular state boards and state universities cuz the prevalent system with those states had shattered the complete credibility of their examination system. On same lines, the worrisome issue is after initial denial against question paper leakage of class XII examination for series of subjects and finally resulting into re-conducting of Economics and Mathematics examination has done colossal damage to the credibility and credence of system.
Moreso, the responsible fraternity of adults – in whatsoever capacity- is already in dilemma how to handle the “evolved” value system; evasive approach appended with onus shifting syndrome; well crafted “soft” status of student community badly advertised to be prone for stress due to legitimate evaluation and logical checks by parents and teachers; will be subjected to yet another serious stress of “re-examination” with no real accountability.
The uncertainties of career prospective for college admissions with class XII student community will make the situation worsen.
Also, the cost and consequential damages suffered by 30 lakhs students and families to reappear for “re-examination” with no accountability mechanism for criminal and/or civil and/or tortous liability of not only of perpetrator of crime but also of those who owed duty to students to act in conformity with some standard of care and they failed to act in accordance with the appropriate standard of care and resultantly a legally compensable injury has been suffered by students especially when there was a proximate relation exist between theirs breach and students’ injury. Legally, “Negligence” is “failure to do or recognize something that a reasonable person would do or recognize, or do something that a reasonable person would not do”.
Vis-à-vis well propagated adage, “vulnerable stressed student community”, the present macabre reminds us of an old legal terminology, “eggshell skull”, used in law schools and by lawyers to describe an imaginary person who has an extremely thin skull that is as fragile as an eggshell, even though he looks completely normal; a normal person who is hit on the head would usually only suffer a bruise however, this imaginary person dies as a consequence. The rule says a person who caused the harm is therefore answerable for the full extent of the injury which a claimant may suffer even where only slight injury would have been foreseeable in a person of normal fortitude. This rule applies in cases of Negligence. Therefore, if someone has a reaction to something but that reaction is because the claimant has a pre-existing condition or is more sensitive to something, the defendant should be held liable for the injury.
Bucks stops nowhere!
Way back in July 2001, both of us visited the office of the then Principal of Mayo College, Mr Pramod Sharma (an eminent educationist) and we were very fascinated by a table tab which read, “Bucks stops here”, which was not only highlighted but well effectuated in the school functioning.
But in the present scenario, “onus shifting” seems to be the evolved culture!
To best of our understanding, the Central Board of Secondary Education -a registered society- is a Board of Education for public and private schools, under the Union Government of India formed on 3 November 1962 which conducts the final examinations for Class 10 and Class 12 every year. Even in Apex Court, it was submitted that the entire examination system and evaluation by CBSE is done in a scientific and systemic manner designed to ensure and safeguard the high academic standards and at each level utmost care was taken to achieve the object of excellence, keeping in view the interests of the students.
But, on the very first report -that the accountancy question paper for the CBSE Class 12 examination was leaked and was circulating on social media; instead of taking a serious cognizance, the concerned authorities, sent out strict guidelines -precisely analogous to “Reading Riot Act”- stating that Centre Superintendents will be ‘solely & squarely responsible’ for everything about examination while denying any paper leak. To add further, it was claimed that “miscreants” were circulating rumors to disturb the examination.
As aptly worded in John Milton’s Paradise Lost, “Awake, arise or be forever fall’n”.
Politics of indecision must neither be promoted nor tolerated. A propensity to delay difficult and weighty decisions has been hurting our country and is detrimental. In light of the alleged paper leak, the present stance by the CBSE assumes greater significance and poses certain worrisome questions to the board; even to believe it was not onus shifting, than also failure to read the ominous signs emanating from these developments were little short of criminal neglect.
Regardless of whether CBSE class XII Accounts or other subject papers were leaked or not, the question that remains is whether CBSE observed due diligence in their commission and/or omission after finding out that efforts were underway to illegally gain access to the question paper?
We firmly believe in the notion what Lucius Annaeus Seneca has aptly quoted, “No evil propensity of the human heart is so powerful that it may not be subdued by discipline”.
A curious Paradox
The great paradox of the present era is that, in this age of powerful technology, the biggest problems we face are problems of the human soul.
We fully remember that on May 09, 2017, we read a news item which made us repulsive. It covered an ‘unfortunate’ incident in Kerala about a NEET candidate being asked to remove her inner wear at an examination center during the National Eligibility cum Entrance Test (NEET). Such a sensitive issue under guise of the stringent dress code was defended as a measure to “secure the sanctity” of the high-stake examination, though it was nomenclature as, “a consequence of overzealousness”. Infact, unaware about the do’s and don’ts, many students faced a piquant situation in various parts of the country while appearing for the NEET with the invigilators asking them to remove their inner wear, cut sleeves of their tops, change denims and much more.
But yet again it was stated that, “In order to secure the sanctity of this prestigious examination and to do justice to the genuine and sincere students and parents, CBSE has left no stone unturned to conduct the exam in a fair manner”.
As rightly said, “From even the greatest of horrors, irony is seldom absent”, in premises of present facts and circumstances, the irony is that students were subjected to distress on as basic as inner wear under the guise of securing the sanctity of the high-stake examination but the same sanctity of examination -meant to decide the future of thirty lakhs students- do not meet those standards and expectations in present case of paper-leakage.
Where do we stand?
We-the Adults are duty bound to act with utmost good faith for the benefit of our children as their confidence is reposed in our integrity.
We need to realize that “The paradox of trauma is that it has both the power to destroy and the power to transform and resurrect”
Our father, Advocate Yogesh Kumar Sharma – an eminent lawyer and researcher- recently gifted us “Roses in December” – An Autobiography presenting the life of M. C. Chagla, in the midst of India’s most historical events- on which he endorsed his most appreciated statement that serve as conclusion to our present malaise-quoted by US Supreme Court Justice Louis Dembitz Brandeis, “Sunlight is best of Disinfectant”. “If the broad light of day could be let in upon men’s actions, it would purify them as the sun disinfects”.
“If we would guide by the light of reason, we must let our minds be bold”.
(The authors are educationists and law scholars)
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