New Delhi: The Supreme Court on Tuesday set aside an interim order of the division bench of the Karnataka High Court giving the green signal to the state government to conduct board exams for the summative assessment of students of Classes V, VIII and IX as per the schedule, beginning from March 11.
The apex court told the Karnataka government counsel, “You have spoiled the entire education system of the country and now you want to complicate it. Please do not do that…..”.
A bench comprising justices Bela M Trivedi and Pankaj Mithal said, “We allow the present appeals and set aside the order passed by the division bench. The division bench to decide main appeals in accordance with law as expeditiously as possible… the same be decided on merits, without being influenced by the observations made by us”.
During the hearing, senior advocate Devadutt Kamat, representing the Karnataka government, insisted that the division bench of the High Court passed a correct order. Kamat said it is not even an exam, it's a summative assessment, and it is the policy of the state to prepare students for their future.
Kamat said Class IX and XII are not covered by the Right to Education (RTE) Act and Class XI exams are already over. “Till Class VIII you are permitted to hold regular examinations (as per RTE)…let the High Court decide, twice the single bench of the High Court did not allow (state government notification regarding examination)”, said the bench.
Kamat referred to Section 30 of RTE, no child shall be required to pass a board examination till completion of elementary education and added that the emphasis is on pass. Justice Mithal said if they are not required to pass, why are you holding the examination? On the state's decision to hold these examinations, Kamat said, “We found that in the classrooms what is being imparted may not be up to the standards. So as a state, I need to know whether schools operating in our jurisdiction are doing their job or not and the best way to assess is to have a uniform assessment…”.
Justice Mithal told Kamat, “You have spoiled the entire education system of the country and now you want to complicate it. Please do not do that. No examination is required to be passed then do not hold the examination…”. Kamat pressed that the examination is required and urged the court to not allow the appeals against the division bench order. Justice Trivedi said, “Board exams have their scare. People are scared….”.
Kamat urged the court to allow the exams for Class IX students, as they have to prepare for Class X and Class IX is not covered by the RTE Act. The bench said the government notifications were held to be illegal by the single bench of the High Court. Kamat said the single judge did not see Section 22 or Section 15, and "an illegal order according to us has been passed, without noticing the provisions of the Act. This order cannot be sustained".
The apex court was hearing a batch of pleas filed by the Organisation for Unaided Recognised Schools, RTE Students and Parents Association, and Registered Unaided Private Schools Management Association Karnataka challenging the order passed by the division bench of the High Court.
On March 7, a division bench comprising Justice K Somashekar and Justice Rajesh Rai K passed the interim order by staying the March 6 judgment of a single judge on an appeal filed by the state government questioning the correctness of the single judge’s verdict.
The single judge had quashed the state’s decision to hold board exams for Classes V, VIII, IX and XI from the academic year 2023-24. The High Court declared that said decision was taken without following the due process of law as prescribed under the provisions of the Karnataka Education Act, 1983.
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