Supreme Court Stays Results Declaration Of Half-Yearly Board Exams Of Classes 8-10 In Karnataka

The Supreme Court today (October 21) directed the State of Karnataka to file a counter-affidavit clarifying whether they have rescinded the notification for conducting a half-yearly public examination for Class 10th in 24 districts out of the 31 districts. The Court stayed the results declaration across the State for half-yearly public exams for Classes 8, 9 and 10th, if any were conducted. This development comes after the Court on October 15 was informed by the Karnataka Government, through Solicitor General Tushar Mehta, that the Government has withdrawn a notification for conducting half-yearly public exams for Classes 8, 9 and 10 in districts of Kalaburagi, Bidar, Raichur, Ballari, Yadgiri, Koppal of Karnataka, which was alleged to be in defiance of the Court's interim order. Advocate KV Dhananjay (for petitioners) has filed a contempt petition arguing that these public examinations are similar to the Board Examinations conducted for Classes 5, 8 and 9th across the State, on which the Supreme Court had ordered a stay through its interim order. It is alleged that the State of Karnataka has never before witnessed a public examination for a half-year. Moreover, it has been argued that for standards 8 and 9, the examination paper will be set up by Deputy Directions/Deputy Directors of Public Instruction, who carry out tasks such as registering schools that are newly set up and entering their names in a school register.On the last occasion, a bench of Justices Bela M. Trivedi and Satish Chandra Sharma allowed petitioners to file a contempt application against the Karnataka Government's proposal of conducting public examinations in which it is alleged that the paper will be set by the administrative office.In the meanwhile, on October 18, Madhu Bangarappa, Minister of School Education and Literacy, in Bengaluru, officially announced that the Government has rescinded the notification. Instead, Summative Assessment-2 will be conducted for classes 5, 8 and 9 classes.Today, Advocate KV Dhananjay informed that although the Karnataka Government withdrew the notification, the withdrawal notification pertains to 8, 9 and 10th standards only in 7 districts. He said: "There was 10th standard examination in 24 other districts also which we have information [and they have not withdrawn the notification in regards to that]....We don't bring every allegation, so they might say we did not allege [for withdrawing notification for class 10th]. But its a fact. They don't have to wait for us to allege a fact. The State has 31 district, of which 7 districts they have withdrawn last week. For 24 districts, simply because we did not allege before this hon'ble Court, they have chosen to not withdraw at all."He added that in the last hearing, they were no in possession of relevant circulars for all districts and that's why, the specific allegation was made only in regards to 7 districts. To this, Justice Bela orally asked the State: "What do you want? Why are you harassing students just like this? You are the State. We have passed written orders"Even in the last hearing, Justice Bela had made similar remarks that the "state is bent upon harassing" the students. Justice Bela added that for the 24 districts, the petitioners could have brought it to the Court's notice in the last hearing. Senior advocate Devadatt Kamat (for the State of Karnataka) informed the Court that the orders do not pertain to class 10th. To this, Justice Bela asked: "So, do you want order for every standard?"Justice Sharma sought clarification from Kamat whether the exams in question are interim exams or final board exams, the latter being permitted. When Kamat responded that these are half-yearly exams, Justice Sharma said: "You don't have half-yearly board exams. In my State, at least we don't have."Justice Bela also added to this, stating that this is nothing but "ego-issues". She also questioned under which provision of law the half-yearly public exams are permissible. Kamat reasoned that in Section 22 of the Karnataka Education Act, 1983, the Board has been given the power to conduct Board exams. He added that for 8 and 9th the notification has been withdrawn but for class 10th, such exams were conducted because the overall performance of students had dropped low. Kamat also added that the results of these exams are not publicly declared. Although the Board sets the exams, the exams are by school teachers themselves. He also stated that as per his instruction, even private schools conduct such examinations.He added that if the Court directs, the Government will consequently also withdraw notification for class 10th. Dhananjay however countered and informed the Court that when half-yearly exams were conducted for class 9th in Raichur, questions from 2nd semester were asked and schools went into 'panic' and sought clarification from the Department. Thereafter, the questions were substituted with those that were a part of the syllabus. Justice Bela remarked...

Supreme Court Stays Results Declaration Of Half-Yearly Board Exams Of Classes 8-10 In Karnataka

Gursimran Kaur Bakshi

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