The Supreme Court demanded on Wednesday that the CBSE provide detailed information on the measures taken to prevent alleged violations related to the digital assessment system (Online Marking, or OSM).
The Supreme Court demanded on Wednesday that the CBSE provide detailed information on the measures taken to prevent alleged violations related to the digital assessment system (Online Marking, or OSM).
Despite this demand, the General Advisor informed the court that a single-member committee had been formed to investigate these issues. The judicial bench, which included Chief Justice Surya Kant, along with judges Joymalya Bagchi and Vi Mohan, emphasized the need for urgent action to comprehensively resolve the problems causing concern among students.
The Chief Justice, supported by the General Advisor in a Public Interest Litigation (PIL) petition raising several questions about OSM, noted: 'Look at the disappointment this is causing young children.'
Judge Joymalya Bagchi stated that while CBSE has the right to develop an assessment scheme, it appears to be facing initial difficulties in seamless implementation that need to be addressed.
The General Advisor informed the court about the appointment of a single-member committee led by S Radha Chauhan to study these issues and develop comprehensive corrective measures. Furthermore, on June 2, the Centre immediately suspended CBSE Chairman Rahul Singh and Secretary Himanshu Gupta from their posts and initiated an audit of the OSM system procurement process.
The petition filed by a parent alleged that numerous discrepancies were found when scanning answer sheets for Class X students under the OSM system. These included unscanned pages, illegible scans, and the absence of checking for some answers or pages, which created uncertainty among students and their parents. It was also claimed that due to scanning errors and portal failures, the OSM assessment process resulted either in arbitrary grading or in the absence of grades for the answer sheets.
The Supreme Court refused to suspend the Central Board of Secondary Education's (CBSE) three-language policy for the 2026-27 academic year. The court noted that 'learning a language is never in vain,' but agreed to examine the petitions challenging this policy in more detail next week.
The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, issued notices on the new petitions and scheduled a hearing for Wednesday next week. Nevertheless, the court declined to grant any interim stay on the CBSE circulars at this stage.
The petitions question the CBSE's decision to implement the revised three-language policy from the current academic year. Petitioners argue that 9th-grade students are now required to study two Indian languages, forcing many to drop languages they had been studying since 5th grade. Furthermore, they expressed concern that English is being treated as a non-native language under this policy, and pointed to a shortage of teachers and textbooks for several Indian languages.
Senior Advocate Anand Grover, representing one of the petitioners, stated that CBSE does not have the legal authority to issue such circulars. He emphasized: 'The circulars have no legal basis. Only NCERT has the authority, not CBSE. They are imposing languages without providing options. If I want to study Punjabi instead of Sanskrit, there are neither teachers nor books. As a child, I should have the opportunity to learn a language that will provide me with employment.'
Senior Advocate Gopal Sankaranarayanan, arguing in another set of petitions, contended that the policy treats English as a 'non-native' language while simultaneously making Indian languages mandatory. He remarked: 'They took a 300-year-old language and treat English as a non-native language.'
Senior Advocate Shyam Diwan argued that despite CBSE softening some provisions in the June 29 circular, the core issues persist. He pointed out that although the National Education Policy (NEP) provided for implementation by 2030, CBSE has accelerated this process to the current academic year.
Senior Advocate Mukul Rohatgi highlighted the practical difficulties for students already studying foreign languages. He questioned: 'How can a 9th-grade student who is still studying French be told to take a third language and take an exam in April if they have not passed the internal assessment? Which school in Delhi can provide a teacher who can teach, for example, Tamil?'
Sankaranarayanan, seeking interim relief, stated that schools are unprepared for the policy's implementation. He reported that only three books are available on the NCERT website, not 22. Children are being instructed to give up English and other foreign languages in favor of native ones. He added that it was initially promised that textbooks would be ready by July, and teachers should be ready for 22 languages, which violates the existing situation. He also expressed concern that foreign language teachers might lose their jobs if schools are forced to change the language offering.
Responding to the arguments, Chief Justice Surya Kant uttered the phrase: 'Learning a language is never in vain.' When Sankaranarayanan raised the issue of potential teacher layoffs due to the policy, the CJI replied: 'If they are laid off, we can reinstate them.'
Additional Solicitor General Aishwarya Bhati, representing the Union Government, requested two weeks to file a response, and the bench directed the Centre to submit its reply within 10 days. The court also heard submissions from intervener Fauzia Khan, represented by advocates Rahul Shyam Bhandali and G Priyadarshini, who claimed that the policy negatively affected children's mental health, especially those from economically disadvantaged backgrounds.
These hearings take place against the backdrop of ongoing litigation regarding the revised CBSE three-language policy introduced under the National Education Policy (NEP) 2020. The board defends its policy by informing the Supreme Court that nearly half of the more than 28,800 affiliated schools already teach two or more Indian languages in 9th grade, and almost all have at least one Indian language teacher. It was also stated that schools were given flexibility in staffing during the transition period.
CBSE clarified that students can continue to study foreign languages such as French, German, or Spanish, either as one of the prescribed languages or as an additional fourth language. One-time concessions were introduced for students already studying two non-Indian languages, and it was announced that NCERT is preparing textbooks for all 22 languages included in the Schedule to support the implementation.
