Board Exams For Classes 5 & 8 : Karnataka Unaided Schools Management Association Withdraws Plea In Supreme Court
The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.Granting liberty to the petitioner to argue the matter on merits before the High Court, a...
The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.
Granting liberty to the petitioner to argue the matter on merits before the High Court, a bench comprising Justices BR Gavai and Vikram Nath dismissed the petition as withdrawn.
The petition was moved by the associations of unaided private schools against the order passed by a division bench of the Karnataka High Court on March 15 which allowed the holding of the board exams by staying an order of the single bench which quashed the State Government circulars prescribing the board exams for Class 5 and Class 8.
"Let's not interfere with that...the High Courts know what is best in that State", CJI DY Chandrachud had told the lawyer.
Before the High Court, the Organisation for Unaided Recognised Schools, the Registered Unaided Private Schools’ Management Association Karnataka and Karnataka Unaided Schools Management Association had questioned the Government circulars dated December 12, 2022, December 13, 2022 and January 4, 2023 contending that changing the assessment method by conducting State-level ‘board exams’ instead of school-level assessment will adversely impact the students and the teachers. Further it was contended that no discussions with the stakeholders, parents, children or schools had been undertaken before issuing the circulars.
However, the state government contended that there is no Board examination. There is only a minor change in the process of assessing children and 80 percent of the total 100 marks being given to students is based on the continuous internal assessment made by the respective schools from the beginning of the academic year. It is only for the remaining 20 per cent marks for the final assessment process that question papers are prepared at the state level and evaluation of the paper is done at taluk and block levels.
On March 10, a single judge bench of Justice Pradeep Singh Yerur quashed the Government circulars on the ground that they were issued in violation of the procedure under the Right of Children To Free and Compulsory Education Act, 2009. The bench however granted liberty to the State to implement the decision from next academic year after following due procedure.
The single bench decision was stayed by a division bench on March 15, with a caveat that the results will be subject to the outcome of the matter. Further, the division bench of Justice G Narendar and Justice Ashok S Kinagi directed that state government shall ensure that no questions are framed from subjects which are outside the prescribed syllabus and the results shall be communicated to school and not put out in public and would be subject to final decision in the appeal.
Case Title : Karnataka Unaided Schools Managements Association vs State of Karnataka