Today, the Supreme Court halted ongoing board examinations in Karnataka State schools for students in grades 5, 8, 9, and 11.
Justices Bela M Trivedi and Pankaj Mithal, sitting on the bench, pointed out that the State's decision to administer board exams for these classes appeared to directly contravene Section 30 of the Right to Education Act, which explicitly prohibits such examinations.
The bench directed that the examinations conducted in accordance with the notification deemed illegal by the single judge should not have been conducted, as they have impacted the examination system and the students' careers. It was emphasized that the exams should not be continued any further.
As the hearing concluded, Justice Mithal instructed the counsel representing the Karnataka government, "Do not delay action until the order is uploaded."
Senior Advocate Devadatt Kamat represented the Karnataka government, while Advocate KV Dhananjay appeared for the appellants, a consortium of private unaided schools in the state.
The bench was in the process of considering an appeal against a ruling by a division bench of the Karnataka High Court. This ruling granted permission to the State to conduct board examinations for students in classes 5, 8, 9, and 11 attending schools affiliated with the Karnataka Secondary Education Examination Board (KSEB).
The division bench of the High Court had issued a stay on a March 6 order issued by a single judge, which had halted the examinations. Subsequently, the Registered Unaided Private Schools Management Association of Karnataka filed an appeal before the Supreme Court in response to this decision.
Senior Advocate Kamat, representing the State, contended that the examinations currently underway are not traditional board examinations, but rather a form of 'summative assessment.' He clarified that students are not obligated to pass these assessments. He further explained that under the government scheme, students cannot be held back based on these exams, but they are still being used to evaluate students' performance.
In response to the bench's query regarding the purpose of the exams, Kamat explained that these assessments serve to academically prepare students and also ensure that they are adequately equipped to tackle the actual board examinations.
Kamat emphasized that the single-judge's order halting the exams was clearly unlawful because the State holds the authority to conduct summative assessments, which fall under the purview of policy decisions.
Further, Section 16 of the Right to Education Act calls for such exams, he said.
"What is imparted in classrooms may not be up to standards and we have to thus assess".
Justice Mithal then remarked,
"You have spoiled the entire examination system in the State, and now you are trying to amend".
"Board exams, anyways a scare is there among students," Justice Trivedi weighed in.
The apex court ultimately decided to grant the appeals and halted the ongoing exams. Additionally, it instructed the High Court to promptly address the issue before it, considering the urgency of the matter.
Advocate Dhananjay was assisted by advocates A Velan, Sudharsan Suresh, Anirudh Kulkarni, Sainath DM, Ananya Krishna and Dheeraj SJ in the matter.
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