The Karnataka Unaided Schools Management Association has withdrawn its petition filed in the Supreme Court challenging an interim order passed by a Karnataka High Court division bench that stayed a single bench order to halt the State Government’s move to conduct board exams for Classes 5 and 8.
A bench comprised of Justices BR Gavai and Vikram Nath dismissed the plea as withdrawn, allowing the petitioner to argue the issue on merits before the High Court.
The petition was filed by the associations of unaided private schools in response to an order issued on March 15 by a division bench of the Karnataka High Court that allowed the board exams to be held while staying an order issued by a single bench that quashed the State Government circulars prescribing the board exams for Class 5 and Class 8.
When the petitioners’ counsel mentioned the case for an urgent listing on March 20, CJI DY Chandrachud expressed his disinclination.
“Let us not interfere. The High Courts know what is best for that State,” CJI informed the counsel.
The Organisation for Unaided Recognised Schools, the Registered Unaided Private Schools’ Management Association Karnataka, and the Karnataka Unaided Schools Management Association had challenged the Government circulars dated December 12, 2022, December 13, 2022, and January 4, 2023 before the High Court, arguing that changing the assessment method by conducting State-level ‘board exams’ instead of school-level assessment would harm students and teachers. Furthermore, it was claimed that no consultations with stakeholders, parents, children, or institutions were conducted prior to the distribution of the circulars.
The state administration, on the other hand, claimed that there is no Board examination. There is only a minor change in the assessment process, and 80 percent of the total 100 marks awarded to students are based on continuous internal assessments conducted by the respective schools starting with the start of the academic year. Only for the remaining 20% of the final assessment process are question papers produced at the state level, and paper evaluation is done at the taluk and block levels.
On March 10, a single judge bench led by Justice Pradeep Singh Yerur quashed the Government circulars, claiming that they were issued in violation of the Right of Children to Free and Compulsory Education Act, 2009. The bench, however, granted the State the right to implement the ruling beginning with the next academic year if the proper procedures were followed.
On March 15, a division bench stayed the single bench decision, with the caveat that the findings would be subject to the outcome of the case. Furthermore, the division bench of Justice G Narendar and Justice Ashok S Kinagi ordered that the state government ensure that no questions are framed from subjects other than those covered by the specified syllabus, and that the results shall be communicated to school and not put out in public and would be subject to final decision in the appeal.
