SC To Hear Petition Challenging Board Exams For 5 & 8th Class

The Supreme Court on Monday agreed to hear a plea contesting the conduct of board exams for students in Standards 5 and 8 at schools affiliated to the Karnataka state board the following Monday i.e., March 27, 2023.

The petition was filed by associations of unaided private schools against the order passed by a division bench of the Karnataka High Court on March 15 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 Standards 5 and 8.

The petition was mentioned before Chief Justice of India DY Chandrachud for urgent listing by advocate A. Velan (AOR). When the CJI stated that the petition will be heard on March 27, the advocate requested an earlier date, citing that the examinations begin on March 27. Unfortunately, CJI declined this request.

“Let us not interfere with that. The High Courts know what is right in that State,” CJI DY Chandrachud said to the advocate.

“We represent about 4000 schools. The government circulars were quashed by the learned single judge in a very reasoned ruling,” the advocate responded.

“That’s alright. On the 27th, we will hear you on the merits. Let there be no uncertainty. We will hear you on the 27^th,” CJI informed the lawyer. Notwithstanding the lawyer’s efforts, CJI maintained that the case will be heard on March 27th.

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, claiming that changing the assessment method by conducting State-level ‘board exams’ instead of school-level assessment would harm students and teachers. Moreover, it was argued that no consultations with stakeholders, parents, children, or schools had been undertaken before issuing the circulars.

The state administration, however, claimed that there is no Board examination. There is just a little modification in the assessment method, and 80 percent of the total 100 marks assigned to students are based on continuous internal assessments conducted by the different schools beginning with the start of the academic year. Question papers are generated at the state level solely for the remaining 20% of the final assessment process, and the paper is evaluated 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 execute the ruling beginning with the next academic year if the proper procedures were followed.

On March 15, a division bench stayed the single bench judgement, with the condition that the outcomes would be subject to the conclusion of the dispute. Moreover, the division bench of Justice G Narendar and Justice Ashok S Kinagi ruled that the state government guarantee that no questions are framed from subjects other than those covered by the statutory 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.