HC quashes state govt circular ordering board exams for Class 5 and 8

A single judge Karnataka high court bench of justice Pradeep Singh Yerur quashed the circulars issued dated December 12, 2022, December 13, 2022, and January 4, 2023. The bench said, “The state government can follow the procedure and do it for the next academic year.”

The Karnataka high court quashed circulars issued by the Karnataka government ordering board examinations for the students of class 5 and 8 in schools affiliated with the state board on Friday.

The Karnataka high court quashed circulars issued by the state government ordering board exams for students of class 5 and 8 (PTI)

A single judge bench of justice Pradeep Singh Yerur quashed the circulars issued dated December 12, 2022, December 13, 2022, and January 4, 2023. The bench said, “The state government can follow the procedure and do it for the next academic year.”

The petitions were filed by Registered Unaided Private Schools and Organisation for Unaided Recognised Schools, questioning the circular dated December 12, 2022, issued by the state government about board assessment for Class 5 and Class 8 in the middle of the academic year.

The petitioners questioned the circular contending that changing the assessment method by conducting State-level ‘board exams’ instead of school-level assessments.

It claimed that the change would impact students and teachers. It further added that no discussions with the stakeholders, parents, children or schools had been undertaken before issuing the circulars.

The bench, in its order, said: “It is a cardinal principle of law that when any scheme, circular or law of the government is implemented it has to evolve or emanate from the statute under which it is governed.”

“The state government has issued the impugned circulars to prescribe certain assessment and evaluation under provisions of the Right to Education (RTE) Act. State government while doing so has to necessarily follow the procedure laid down under the act,” it added.

The court referred to Section 38 (4) of the Right of Children To Free and Compulsory Education Act, 2009, which mandates that “Every rule or notification made by the state government under this Act shall be laid as soon as may be after it is made, before the State Legislatures.”

However, the statement government told the court that there is no board examination. There is only a minor change in assessing children, and 80 per cent of the total 100 marks are being given to students based on the continuous internal assessment made by the respective schools from the beginning of the academic year.

“I am afraid that the said contention of the AAG cannot be accepted for the reasons that under the impugned circulars, there is a change which is brought about by the state government. Awarding 20 marks for the year 2022-23 which would invariably be assessed by the board of the state,” the bench said in response to the government.

“Thereby an external agency is coming into play only for awarding 20 marks for students of classes 5 and 8th. This is not contemplated under section 16 of the RTE Act. The circulars can only supplement the Act or the Rules, but in no circumstances supplant the rules. In such a situation where the circular is issued to supplant the rules which are in the guise of rules, the prescribed procedures are to be followed as contemplated under section 38 (4) of the Act,” the bench added.