Bengaluru, 22 March

Karnataka High Court on Friday granted permission to the State government to proceed with the conduct of board exams for Classes 5,8, 9 and 11 for the academic year 2023-24, overturning the 6 March order of a single judge bench.

The decision of the division bench comprising Justice K Somashekar and Justice Rajesh Rai K, came after the State government filed an appeal challenging the earlier ruling. The single judge's verdict had nullified the State government's decision, made in October 2023, to hold board exams for these classes through the Karnataka State Examination and Assessment Board (KSEAB).

The judge had argued that the scheme for conducting these exams lacked the necessary framework provided by Sections 22 and 145 of the Karnataka Education Act, 1983, which mandate the formulation of rules for implementing the examination system and require input from stakeholders before finalising such rules.

The division bench's ruling interpreted the notifications issued by the State government regarding the board exams as guidelines rather than strict regulations, based on its understanding of the powers granted under the Right of Children to Free and Compulsory Education Act, 2009.

The court's decision now allows the government to continue and complete the halted exams for Classes 5, 8, and 9 and also finish evaluating the exams conducted for Class 11. The exams for Classes 5, 8, and 9 were stopped midway following a judgment by the apex court, creating uncertainty among students and educational institutions.

The bench also directed the government to engage in consultations with stakeholders before issuing a formal notification for conducting board exams for the next academic year. This emphasis on stakeholder input aligns with the principles of inclusive decision-making and ensures that the concerns and perspectives of all relevant parties are taken into account. The legal proceedings surrounding this issue also involved interventions from the Supreme Court.

Initially, the division bench had passed an interim order on 7 March in favour of the government's stance on conducting the exams. However, this interim order was set aside by the Supreme Court on 12 March, directing the bench to thoroughly review the appeal on its merits. After hearing arguments from both the State government and petitioner-school associations on 18 March, the division bench deliberated on the matter and delivered its verdict on Friday.