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A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma was hearing an appeal filed by Organisation for Unaided Recognised Schools against the March 22, judgement of the Karnataka High Court.
The high court’s division bench had permitted the state government to conduct the board exams for classes 5,8, 9 and 11 for the academic year 2023-24, overruling the March 6 order of a single judge’s bench.
The single judge of the high court had nullified the state government’s decision of October 2023 to hold board exams for these classes through the Karnataka State Examination and Assessment Board (KSEAB).
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“This is a classic instance whereby no one else than the state government of Karnataka has sought to create a havoc and great distress not only amongst the students and their parents, but also amongst the teachers and the school managements in the state of Karnataka,” the bench had then noted.
On Tuesday, the bench was informed by Solicitor General of India Tushar Mehta that the state government had withdrawn the notification.
“The withdrawal is done. It was a mistake on our part. I can assure my learned friend that even if exams were conducted, no results will be out…,” he said.
The bench asked as to why the state government was bent on troubling the parents and children.
“There appears to be some ego problem on part of the state,” Justice Trivedi remarked.
Mehta, however, clarified that there were some errors in grant of marks in the three districts, also becoming the reason behind the notification for conducting examinations.
The bench then posted the hearing after a week.
Advocates K V Dhananjay and A Velan, appearing for the petitioners, had previously informed the bench that despite the apex court’s interim order staying the board examinations for classes 5, 8, 9 and 11, the state government conducted a half-yearly board exam for class 10 and a public exam for classes 8 and 9 in September.
The bench had asked the petitioner to file a contempt application against the state government for the alleged defiance of its order after the petitioner said the state government’s move despite the stay order amounted to contempt.
The Karnataka high court division bench had 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.