The Supreme Court on Tuesday put on hold the Karnataka government’s decision to hold Board examinations in the state for all classes 8 and above, along with class 5, in schools affiliated to the State Board.
The order was passed by the Bench of Justice Bela M Trivedi and Justice Pankaj Mithal on special leave petitions challenging the March 7 order of the Karnataka High Court.
The Division Bench of the High Court had stayed a single bench judgment quashing the State’s decision to hold board exams for Classes 5,8,9 and 11.
The Apex Court, while allowing the petitions filed by the organisations of private schools and parents, asked the High Court Division Bench to decide the main appeals filed by the State.
Setting aside the stay order, the Apex Court orally asked the State to not hold the board exams till the division bench decided the matter.
The argument of the State that the students are not required to pass the exams and that it was done to prepare the students for the Board Exams of the 10th and 12th did not appeal to the Court.
“We are not satisfied…there is a bar under Section 30 of RTE Act…why should students appear if not required to pass?,” the Bench orally commented. Section 30 of the Right to Education Act prescribes that no child shall be required to pass any Board examination till completion of elementary education.
Although the State said that it was not an exam and was a “summative assessment” intended to prepare the students for the Class 10 & 12 Board Exams, the Court was not convinced.
“Name does not make difference…it is being conducted by the Board…,” the Bench said.