Karnataka HC reserves judgment regarding board exams for classes 5, 8, 9 and 11

Before this, a High Court judgment in favour of the Registered Unaided Private Schools Association had quashed the exams, and was subsequently stayed by a division bench. The matter had also returned to the Karnataka High Court for a final decision after being raised in the Supreme Court.

Earlier this month, the Supreme Court had set aside a two-bench interim order of the Karnataka High Court putting the State Government’s decision to conduct board exams for classes 5, 8, and 9 for the state board syllabus on hold. The apex court has set aside the order and has referred the case to a division bench. The board exams have been postponed by the Karnataka Government after this.

Previously, the counsels for the school association had argued that the government notifications which had set out these board exams were not supported by the Karnataka Education Act as they are not “rules” under the Act. They further argued Section 30 of the Right to Education Act prohibited board exams until completion of elementary education, and that children would be burdened by two sets of exams. They also asserted the notifications were a form of excessively delegated legislation.

On the other hand, the Karnataka Government argued that the exams were in the interest of students and that standards would drop if the exams were quashed. It also argued the challenged notifications had merely set the Karnataka School Examination and Assessment Board as a competent authority, and that the original Government Order setting out the exams remains unchallenged.