SC stays the Karnataka HC’s order allowing board exams to be conducted for classes 5, 8, 9, and 11 and orders the state to keep the results declared by any school in abeyance

On April 08, 2024, the Supreme Court (SC) of India stayed the order of the Karnataka High Court allowing board examinations to be conducted for classes 5, 8, 9, and 11 in schools affiliated with the Karnataka State Education Board (KSEB). It ordered the state authorities to keep the results declared by any school in abeyance and should not be taken into consideration for any purpose. The two-judge bench consisting of Justice Bela M. Trivedi and Justice Pankaj Mithal issued notice to the state returnable on April 23, 2024. The matter was mentioned before the SC on a priority basis for oral mentioning by learned counsel Mr. KV Dhananjay for the petitioners. During the proceedings, a copy of the order passed by the Karnataka School Assessment and Accreditation Council on April 06, 2024, was taken on record. The petitions addressed in this case were filed by the Organization for Unaided Recognised Schools and Reg, Registered Unaided Private Schools Management Association Karnataka, and RTE Students and Parents Association. 

While hearing the matter, the bench observed that “This is the classic instance whereby none else than the State Government of Karnataka has sought to create havoc and great distress not only amongst the students and their parents but also amongst the teachers and the School Management in the State of Karnataka.” After hearing the matter, the SC observed that the State “is anyhow bent upon playing with the future of the students and cause mental agony and physical hardships to the students, their parents, their teachers, as also to the School Managements.” It further added that the manner in which the order dated 06.04.2024 was passed, smacks of ill-intention on the part of the State to see to it that the impugned order of the High Court may not be challenged by the petitioners and if challenged, the petitions may become infructuous. Considering the order passed by the Division Bench, the SC said that “The impugned order passed by the Division Bench also prima facie does not appear to be in consonance with the provisions contained in the RTE Act and with the settled tenets of interpretation of statutes.”

The SC ordered that the operation and implementation of the impugned order by the Division Bench delivered on March 22, 2024, as also of the order delivered on April 06, 2024, passed by the Karnataka School Quality Assessment and Accreditation Council are stayed till further orders. It further said, “The results declared by any School, pursuant to the said order dated 06.04.2024, shall be kept in abeyance and shall not be taken into consideration for any purpose whatsoever, nor shall they be communicated to the parents, if not communicated so far.” The matter was listed for further hearing on April 23, 2024.