Supreme Court halts Board Examination in Karnataka for classes 5, 8, 9, 11

The Supreme Court on Tuesday halted the board examinations which are currently underway in Karnataka State schools for the students of classes 5,8,9 and 11 [Registered Unaided Private Schools Management Association Karnataka vs State of Karnataka and ors]..A bench of Justices Bela M Trivedi and Pankaj Mithal stated that the State's move to conduct board exams for those classes was prima facie in violation of Section 30 of the Right to Education Act which bars such exams."The said examinations held pursuant to the notification deemed illegal by single-judge, should not have been held, affecting the exam system and the career of the students. Needless to clarify that the exams shall not be proceeded with further," the bench directed.As the hearing drew to a close, Justice Mithal directed the counsel for the Karnataka government, "Do not wait till the order is uploaded".Senior Advocate Devadatt Kamat appeared for the Karnataka government. Advocate KV Dhananjay represented the appellants, a consortium of private unaided schools in the State..The bench was hearing an appeal against an order of a division bench of the Karnataka High Court that had allowed the State to hold board examinations for students of classes 5, 8, 9, and 11 in schools affiliated with the Karnataka Secondary Education Examination Board (KSEB).The High Court divison bench had stayed a March 6 order passed by a single-judge halting the exams.This led to the appeal before the apex court by the appellant, Registered Unaided Private Schools Management Association of Karnataka. .The State through Senior Advocate Kamat argued that the exams which are being held are not board examinations in the strictest sense but only a 'summative assessment' that students are not required to pass.The government scheme is that no student can be detained based on these exam while at the same it would allowing them to be assessed, he added. The Bench then asked what purpose exams would serve, to which Kamat replied that it prepares students academically and also ensure that they would be able to face the actual board exam.Kamat stressed that the single-judge's order staying the exams was patently illegal as the State is the competent authority to conduct summative assessments which is a policy matter. Further, Section 16 of Right to Education Act calls for such exams, he said."What is imparted in classrooms may not be up to standards and we have to thus assess".Justice Mithal then remarked,"You have spoiled the entire examination system in the State, and now you are trying to amend"."Board exams, anyways a scare is there among students," Justice Trivedi weighed in..The apex court eventually proceeded to allow the appeals and stayed the exam. It directed the High Court to dispose of the matter before it expeditiously, given the urgency in the matter. .Advocate Dhananjay was assisted by advocates A Velan, Sudharsan Suresh, Anirudh Kulkarni, Sainath DM, Ananya Krishna and Dheeraj SJ in the matter.