Karnataka High Court allows Board Exams for classes 5, 8, 9, 11 to proceed

In an order passed late Thursday evening, a division bench of the Karnataka High Court allowed the State government hold board exams for students of classes 5, 8, 9, and 11 in schools affiliated with the Karnataka Secondary Education Examination Board (KSEB) [State of Karnataka v. Registered Unaided Private Schools Management Association Karnataka Society]..A division bench of Justices K Somashekar and Rajesh Rai K stayed a March 6 order passed by a single-judge halting the exams. The interim order was passed on an appeal filed by the Karnataka government a day after the single-judge order was passed.."Without expressing any opinion on the merits of the matter, we are of the considered opinion that the impugned order passed by the learned single judge is required to be stayed," the Court said..Earlier today, Additional Advocate General Vikram Huilgol, appearing for the State government, had sought a stay on the March 6 order on the ground that the single-judge appeared to have misinterpreted some of the State's submissions on provisions under the Karnataka Education Act. He expressed concern that the single-judge order was passed on writ petitions by private unaided schools, which may have vested interests. He argued that not a single student or parent had approached the High Court in this matter and that parents were aware that the State's move was in the public interest. He called on the Court to stay the single-judge order and allow the Board Exams as scheduled on March 11. It is not good for the students if there is uncertainty on whether the exams would proceed as scheduled on Monday, he argued. The Court also took note of the AAG's contention that elaborate preparations have already been made for the conduct of the Board Exams on Monday and that a time-table for the exam was published in December 2023 itself. "In such circumstances, if the (March 6) order is not stayed, the same would prolong the present situation of uncertainty, which is extremely detrimental to the student community virtually on the eve of their examination," the division bench opined. .The stay was fiercely opposed by Advocate KV Dhananjaya who represented the private unaided schools today. He pointed out that parents were hapless and that student suicides may ensue if the exam is permitted to be conducted by way of an interim order. He strongly refuted the State's claim that the schools held vested interests. He raised concern that the State was trying to make the matter infructuous by seeking an interim order of stay. Heavens would not fall if the exams are postponed, he added. He also submitted that the single-judge order to halt the conduct of the Board Exam was a well-reasoned decision which should not be overturned by an interim order. He insisted that the matter should be heard in detail before any order permitting the conduct of the exams is passed. He added that he was willing to make comprehensive submissions in the matter today itself if he is granted four hours to complete his arguments. .The Court, however, was reluctant to grant an additional four hours of time as sought. It told the counsel that it would take a call on the matter after a break before rising briefly around 4:30 PM..When the Court re-assembled around two hours later, it proceeded to grant the State's interim plea for a stay, effectively green-lighting the conduct of the Board Exams from Monday. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.