Karnataka High Court on Monday has reserved its judgment regarding the state government’s appeal to conduct board examinations for students in classes 5, 8, 9, and 11.
The Karnataka High Court on Monday has reserved its judgment regarding the state government’s appeal to conduct board examinations for students in classes 5, 8, 9, and 11. This decision has sparked a wide-ranging discussion on the implications of board exams for students outside the traditional 10th and 12th standards. A division bench of the Karnataka High Court, comprising Justices K Somashekar and Rajesh Rai K, has reserved its judgment following an appeal by the Karnataka government. This appeal challenges a single-judge’s decision to halt the board exams, stirring significant public and legal discourse.
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The controversy began when private unaided schools in Karnataka filed writ petitions against the state’s decision, leading to a March 6 judgment by a single-judge of the High Court that set aside two state notifications facilitating these exams by the Karnataka State Education Assessment Board (KSEAB). The state’s immediate challenge to this decision saw a temporary stay and the commencement of the exams, only for the Supreme Court to intervene, halting the exams and directing the High Court’s division bench to deliberate on the matter’s merits.
During the detailed arguments, the state, represented by Additional Advocate General Vikram Huilgol, contended that the Right to Education Act does not explicitly forbid the conducting of board exams for the specified classes. He highlighted,
“There is no prohibition on board exams in Section 16 (RTE Act). Legislature specifically says there is no requirement to ‘pass’ any Board Exam. It recognizes that there may be a need to hold a board exam.”
Huilgol emphasized that the proposed assessments are part of continuous evaluation, differing from traditional board exams as they are conducted within the students’ regular classrooms and aim to standardize educational outcomes without altering the syllabus or detaining students.
On the opposing side, Advocate KV Dhananjay, representing the private schools, argued that Section 30 of the RTE Act inherently bars young children from being subjected to board exams, urging the court not to interpret the provision narrowly. He stated,
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“The only reasonable interpretation is Parliament disapproves subjecting young children to Board Examination (it is not about passing or failing them). Please don’t give literal meaning to the term ‘pass’ in Section 30, RTE Act.”
Dhananjay also insisted that the state was required to notify rules under Section 145 of the Karnataka Education Act, following a consultative process with stakeholders, including teachers and parents.
Advocate A Velan, representing a parent-student association, echoed the need for parental consultation, asserting that the lack of such a process in notifying the exams violates fundamental rights.
“My contention is, devoid of any consultative process (with parents), it (notifications for board exams) is void ab initio. Parental right to be consulted is relatable to due process, which is a fundamental right,”
Velan submitted.
As the Karnataka High Court wraps up the hearings, the educational community and the public await a judgment that could redefine assessment standards and practices for young students in the state. The case underscores the tension between standardized assessments and the rights and well-being of students and parents, setting a precedent for future educational policies and legal frameworks in Karnataka and potentially beyond.
