Supreme Court Puts On Hold Results Of Karnataka Board Exams For Classes 5,8,9 & 11; Says State Playing With Students' Future

The Bench of Justices Bela Trivedi and Pankaj Mithal called it a classic instance where the state govt of Karnataka has tried to create havoc and great distress not only to the students and their parents but also to the teachers and school management. The Bench observed that the High Court's order, prima facie, did not appear to be in consonance with the Right of Children to Free and Compulsory Education Act or Right to Education Act 2009 (RTE).

The Bench was considering the petitions filed by the Registered Unaided Private Schools Management Association Karnataka and others challenging the State decision to hold Board Exams.  

The counsel for the petitioners argued that the High Court's order is passed in disregard of the provisions of the Right to Education Act. Reminding the Bench that the Supreme Court had earlier made prima facie observations against the conduct of the Board Exam for these classes, they submitted that the Karnataka State Quality Assessment and Accreditation Council, on the late evening hours on April 4, issued a direction to all schools to publish the results before 9 AM on April 8. This, the petitioners contended, was done to obviate any interference by the Supreme Court.

Having regard to the above submissions, the Court, without mincing its words, recorded in its order that “it appears that the respondent state is anyhow bent on playing with the future of the students and caused a lot of physical and mental agony and hardship to students, parents and their teachers as also to the school management.”

“Under the circumstances, the impugned order passed by the division bench also prima facie does not appear to be in consonance with the provision contained in the RTE Act…,” The Court added.

In the light of the above circumstances, notice was issued to the respondent state and was returnable in two weeks..(on April 23).

“For the reasons stated above, the operation of the impugned order dated 22 March, 2024 as also the order dated 6.4.24 passed by the Karnataka State Quality Assessment and Accreditation Council are stayed till further orders. The results declared by any school pursuant to the stated order shall be kept in abeyance not be taken into consideration for any purpose whatsoever and nor it shall be communicated to the parents if not communicated so far.,” the Court stated in its order.

To recapitulate, on March 22, a division bench of Justice K Somashekhar and Justice Rajesh Rai K allowed the State's appeal and directed the government to hold the remaining Assessments for classes 5,8,9 students. Board exams for Class 11 were already completed during the litigation. The Court has asked the State to resume the process for 11th standard.

This order was preceded by the division bench's order on March 7 staying a single bench judgment which quashed the Government's decision to hold board exams for Classes 5, 8,9 and 11. It is important to note that following this, the Apex Court had set aside the interim order and asked the High Court to decide the main appeals expeditiously.  

Advocates KV Dhananjay,Ananya Krishna, Sainath DM, Dheeraj SJ and A. Velan (AOR) appeared before the Supreme Court in the present matter.

Case Details: ORGANISATION FOR UNAIDED RECOGNISED SCHOOLS ® (OUR SCHOOLS) v. STATE OF KARNATAKA AND ORS., SLP(C) No. 8142/2024

REGISTERED UNAIDED PRIVATE SCHOOLS MANAGEMENT ASSOCIATION KARNATAKA v. Versus STATE OF KARNATAKA AND ORS., SLP(C) No. 8127/2024

RTE STUDENTS AND PARENTS ASSOCIATION Versus STATE OF KARNATAKA AND ORS., SLP(C) No. 8136/2024