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Supreme Court Puts On Hold Results Of Karnataka Board

Exams For Classes 5,8,9 & 11; Says State Playing With
Students' Future
Gyanvi Khanna
(/gyanvi-khanna)
8 Apr 2024 12:13 PM

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The Supreme Court on Monday (April 08) stayed the order passed by the Division
Bench of the Karnataka High Court (https://www.livelaw.in/top-stories/karnataka-
high-court-judgment-board-exams-karnataka-government-appeal-253107) allowing
board exams for students of 5, 8, 9, and 11th standard of the schools affiliated to the
State Board.

The Court also ordered that the results of the Board Exams declared by any school
shall be kept in abeyance and not be taken into consideration for any purpose
whatsoever and nor it shall be communicated to the parents if not communicated so
far.

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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).

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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
(https://www.livelaw.in/top-stories/supreme-court-puts-on-hold-karnataka-govts-
board-exams-for-classes-5-89-11-252004) 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.

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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.

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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

(https://twitter.com/LiveLawIndia/status/1765732884990800093?t=BcIRf-
AYKEbpIoU2s0JiUQ&s=08) staying a single bench judgment
(https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-
quashes-karnataka-government-notification-kseab-conducting-annual-school-exams-
rte-act-251479) 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 (https://www.livelaw.in/top-stories/supreme-court-puts-on-hold-
karnataka-govts-board-exams-for-classes-5-89-11-252004).

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