During the hearing, the court was informed by CBSE advocate Amit Bansal that it has issued a notification that class 10th maths examination will not be reconducted as they can not afford to hold it again and make over 16 lakh students appear in it.
The board has conducted the Class 10 annual examinations from March 5 to April 4 while the Class 12 examinations were scheduled to be concluded by April 13 with physical education paper, which now has been extended till April 25. CBSE, however, issued a notification saying that it can not afford to conduct the examination again. The court also asked CBSE advocate Amit Bansal to find out the reasons for CBSE's decision of not conducting the class 10 Mathematics re-examination.
The bench further said that it would be hard to fix a date which would be satisfactory for all.
"Whether to hold an exam or not, it is up to the CBSE". It is outside our purview.
The bench directed CBSE to file a report on what basis they formed their report dated April 3, 2018. The court had held the five men guilty for the offences under IPC sections 376 (D) (gang rape), 395 (dacoity), 366 (kidnapping), 342 (wrongful confinement), 506 (criminal intimidation) and 34 (common intention). A bench of Justice S.A. Bobde and Justice L. Nageswara Rao said it was the "discretion of the CBSE (Central Board of Secondary Education) to conduct the re-examination and court will not interfere". But he rested his case after CBSE's decision of not conducting the class 10 re-exam altogether.
Class 12 economics paper was leaked in handwritten format three days prior to the exam on March 26 and Class 10 maths paper was leaked five days prior to the exam on March 28.