BENGALURU: The division bench of the Karnataka High Court on Monday asked the Registered Unaided Private Schools and Organisation for Unaided Recognised Schools, which has questioned an interim order on the circular with regard to board assessment for classes 5 and 8, to approach the single judge.
The appeals were filed against the rejection of the interim prayer of stay for the circular by a single judge. The division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi asked the appellants to approach the single judge and requested the single judge to decide the matter as expeditiously as possible, as exams are approaching.
The single judge on February 23, 2022, noted that the circular dated December 12, 2022, which is questioned in all three writ petitions, does not contemplate conducting Board examinations to Standard 5 or Standard 8 and it is also clearly stated that there is no question of detaining or holding back any student in the same class if such student fails in the examinations.
With these observations, the single judge stated that the question of the circular being in contravention of Sections 16 or 30 or 38 of the Right to Education Act is not forthcoming in the circular. For the limited purpose of considering the interim prayer, “I do not find that the petitioners would be entitled to grant of an interim order. Accordingly, at this stage, grant of an interim order is rejected”, the single judge noted.
The single judge had also clarified that this court has not heard the petitioners or respondents on the merits of the matter and it is open for the parties to address their respective arguments on the merits of the case.
Against this, the appeals were filed before the Division Bench.