Division Bench of HC allows board exams for classes 5, 8, and 9

It passed the interim order, on an appeal filed by the State, by staying Wednesday’s judgment of a single judge quashing the govt. decision to hold these examinations

ADivision Bench of the High Court of Karnataka on Thursday gave the green signal to the State government to conduct board exams for the summative assessment of students of classes 5,8, and 9 as per the schedule, beginning from March 11.

The Bench passed the interim order by staying the Wednesday’s judgment of a single judge on an appeal filed by the State government questioning the correctness of the single judge’s verdict.

Noticing that there was no interim order restraining the authorities from holding proposed exams during the pendency of petitions before the single judge, the Bench said: “In such circumstances, if the order is not stayed, the same would prolong the present situation of uncertainty, which is extremely detrimental to the student community virtually on the eve of their examinations.”

The Bench also noted that the proposed assessment has already been conducted for class 11, and the competent authorities have undertaken all the preparatory activities towards the conduct of the assessment for classes 5, 8, and 9. The single judge had quashed the State government’s decision to hold board exams for classes 5, 8, 9, and 11 from the academic year 202324 while declaring that said decision was taken without following the due process of law as prescribed under the provisions of the Karnataka Education Act, 1983. Though the single judge had also quashed decision of the government to hold annual exam for class 11 through the Karnataka School Examination and Assessment Board (KSEAB), the exams for the present academic year concluded on February 28.

Earlier, Additional Advocate General Viram Huilgol had contended that if the single judge’s verdict is not stayed during the pendency of the appeals, the individual schools would be required to conduct internal examinations at this juncture. As schools are not, at the moment, prepared, delay would be occasioned in conducting the same, and such delay could even affect the academic calendar for the following academic year, the AAG had argued.

28 lakh students

Pointing out that there are as many as 42,250 government schools and 2,660 aided schools, which have made all preparations for the assessment and there are as many as 28 lakh students who are prepared to write examinations, the AAG had contented that if the single judge’s order is not stayed at this juncture, then there would be irreparable adverse impact on the students, their parents, and school authorities around the State.

The single judge had said that drastic change in the examination system that would affect substantially a large number of students could not have been introduced without adhering to the prescribed norms as per the law. However, the government, in its appeal contended that the changed scheme of assessment/exams in no way contemplates an overhaul of the examination system.