K’taka govt challenges HC order on board exams for Class 5, 8

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

The Karnataka government has challenged the high court order striking down a government circular to set board exams for classes 5 and 8 in March.

Karnataka government challenged the high court order striking down a government circular to set board exams for classes 5 and 8 (PTI)

A division bench of Justices G Narender and Ashok Kinagi heard the arguments on the plea in a special hearing. The matter will be heard on Tuesday.

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

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.

RUPSA president Lokesh Talikatte, who filed a petition, challenged the new evaluation process from the academic year 2022-23 in an order dated December 12, 2022.

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

The petition claimed that the change would impact students and teachers. It 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.

Following this judgement, the department of public instruction has postponed the board exams scheduled to be held for grades 5 and 8 from March 13. Dr Vishal R, commissioner of public instruction, said, “We have postponed the schedule for now, and the revised schedule will be announced later.”