Supreme Court halts Karnataka Government’s board examinations for classes 5, 8, and 9

On March 12, 2024, the Supreme Court (SC) of India was hearing an appeal against the order of a division bench of the Karnataka High Court allowing the Karnataka Government to conduct board exams for students of classes 5, 8, 9, and 11 in schools affiliated to the Karnataka Secondary Education Board (KSEB). The two-judge bench comprising Justice Bela M Trivedi and Justice Pankaj Mithal halted the board examinations for classes 5, 8, and 9 as the exams for class 11 were already over. The bench told the Karnataka Government, “You have spoiled the entire education system of the country and now you want to complicate it. Please do not do that”. It further directed, “The said examinations held pursuant to the notification deemed illegal by single-judge, should not have been held, affecting the exam system and the career of the students. Needless to clarify that the exams shall not be proceeded with further.” Moreover, Justice Mithal directed the counsel of the State Government, not to wait till the order is uploaded. 

During the proceedings, Senior Advocate Kamat appeared for the State and argued that the exams were not board examinations but only ‘summative assessment’ that are not necessary for the students to pass. The SC was not convinced by the contention, “name does not make difference…it is being conducted by the Board”. It added, “We are not satisfied…there is a bar under Section 30 of the RTE Act, why should students appear if they are not required to pass?” According to Section 30 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, “No child shall be required to pass any Board examination till completion of elementary education.” After hearing the arguments, the Supreme Court bench halted the board exams for classes 5, 8, and 9.