HC rejects plea seeking referral of State govt. appeal on board exam issue to larger Bench

The High Court of Karnataka on Thursday rejected the plea for referring to a larger Bench the appeal filed by the State government challenging the single judge’s order of quashing the decision of holding board exams for classes 5, 8, 9, and 11 without framing the rules for this purpose.

A Division Bench comprising Justice K. Somashekar and Justice Rajesh Rai K. rejected the plea made in this regard by RTE Students’ and Parents’ Association, Bengaluru. However, the Bench permitted the association to implead in the appeal proceedings before it and present its arguments through its advocate against the government’s action of conducting board exam without framing rules.

Meanwhile, the government emphasised need for an early adjudication of its appeal while pointing out that exams will have to be conducted either through the Karnataka State Examination and Assessment Board (KSEAB), if the Bench upholds the government’s stand, or by the schools themselves if the Bench rules against the government.

There is urgency as the exams will have to conducted at the earliest due to ensuing elections, the government counsel said.

After conclusion of the arguments on behalf of the government, the advocates representing petitionerassociations – Registered Unaided Private Schools’ Management AssociationKarnataka, Bengaluru, and Organisation for Unaided Recognised Schools, Bengaluru – sought time till March 18 to commence their arguments.

While rejecting their plea for adjournment of hearing till Monday, the Bench adjourned hearing till March 15 while pointing out that the issue has to be decided early as it involves the interests of students and their parents.