BENGALURU: The division bench of Karnataka High Court on Friday permitted the state government to continue the board examinations for remaining subjects of Classes 5, 8 and 9.
A division bench of Justice K Somashekar and Justice Rajesh Rai K pronounced the order which was reserved at the beginning of this week after concluding the arguments of the state government on its appeals and counter arguments by the counsels of the the RTE Students and Parents Association and the petitioners.
Allowing the petitions filed by the Registered Unaided Private Schools Management Association Karnataka and the Organisation For Unaided Recognised Schools, the single judge on March 6 quashed the board exams.
Against this, the state government filed the appeal before the division bench which passed the interim order permitting the state government to conduct Board examinations.
Aggrieved by this, the petitioners approached the supreme court which set aside the division bench's interim order and remitted back the matter to the division bench to decide it on merits.
Before set aside the interim order, the board examinations of three subjects for Classes 5, 8 and 9 were completed and exam was pending for remaining subjects.
Accordingly, the division bench decided the matter by allowing the appeals filed by the state government against the order of a single judge.
Quashing the single judge’s order, the division bench directed the state government to continue pending board exams of this academic year and to follow the procedure prescribed in the law by consulting all the stakeholders before issuing notifications for the board exams for classes 5, 8, 9 and 11 for next academic year.
The counsel of the petitioners argued before the division bench that the state government has no power to issued notifications in question to hold Board exams without framing the Rules under the Karnataka Education Act and the state cannot conduct the Board exams for students of elementary education, from Class 1 to 8, as per the Right of Children to Free and Compulsory Education Act.
The RTE Students and Parents Association contended that the state government has to consult the parents, teachers and schools before deciding to hold Board exams which affect a large number of students, as per the provisions of the Karnataka Education Act.
Even the Right to Education Act will not permit board exams for elementary school students between 6 and 14 years.
However, the state government justified its stand to conduct the board exams for classes for 5, 8, 9 and 11. Before single judge quashing the board exams, the exams for class 11 were concluded. Therefore, the division bench now directed to complete the evaluation of answer scripts.
