HC upholds govt. decision to hold board exams for classes 5, 8, 9, and 11

The Bench directed that stakeholders be consulted before notifying the similar assessment/ exam pattern for the next academic year

A Division Bench of the High Court of Karnataka on Friday (March 22) upheld the State government’s decision to conduct board exam/ summative assessment2 for classes 5, 8 and 9 and the final exam for class 11 for the academic year 202324 through the Karnataka State Examination and Assessment Board (KSEAB).

Also, the Bench directed the government to continue the exams for the remaining subjects for classes 5, 8, and 9 and resume the process of evaluation of answer scripts of class 11, exams for which were completed even before the single judge’s verdict on March 6.

However, the Bench directed the government to consult the stakeholders before notifying the similar assessment/ exam patten for the next academic year.

The Bench comprising Justice K. Somashekar and Justice Rajesh Rai K. passed the order while allowing the appeal filed by the government challenging the single judge’s March 6 verdict. The bench has only released the operative portion of its verdict and complete judgement is yet to be released.

Framing of rules

The single judge had quashed the government’s October 2023 notifications while terming that major change in examination method could not have been made without framing the rules either under the Right of Children for Free and Compulsory Education Act or under the Karnataka Education Act.

While setting aside the single judge’s verdict, the Bench said that the government, being the appropriate authority, has only prescribed guidelines through the notifications issued in October 2023 for conduct of the exams in a new pattern and the examinations conducted through the KSEAB cannot be termed as ‘board exam’ in its strict sense.

Supreme Court order The Bench, on March 7, had initially passed an interim order staying the single judge’s March 6 verdict and this had allowed the government to commence the exams for classes 5, 8, and 11 through the KSEAB from March 11. However, the Supreme Court on March 12 stayed the interim order of the Bench and this had resulted in halting of examinations midway for classes classes 5, 8 and 9 after holding exams on March 11 and 12.

Hear on merit

As the apex court directed the Bench to hear the appeal on merit, the Bench heard the arguments on the appeal on March 13, 14 and 18, and had reserved its judgement after completion of hearing on March 18.

The Registered Unaided Private Schools’ Management AssociationKarnataka, Bengaluru, and the Organisation for Unaided Recognised Schools, Bengaluru, who had filed petitions questioning the conduct of examination through the KSEAB instead of continuing schoollevel examinations, are now knocking the doors of the Supreme Court against the verdict of the Division Bench.