HC says no to board exams for Class 5 and 8

The Karnataka High Court on Friday quashed the circulars pertaining to a new method of assessment for class 5 and 8 students, likened to a ‘board exam’, saying the state government had not followed procedure under the RTE Act.

The government had issued circulars introducing annual evaluation-based assessment and examination for students in class 5 and class 8 and the exams were to commence from March 13.

The petitioners — Organisation for Unaided Recognised Schools, Registered Unaided Private Schools’ Management Association and others — challenged the controversial changes in court.

As per the new method, 80% of the total 100 marks would be given to students based on continuous internal assessment made by the respective schools from the beginning of the academic year.

The question papers for the remaining 20% marks of the final assessment process would be prepared at the state level and evaluation done at taluk and block level.

While the court appreciated the mechanism for assessment and evaluation, Justice Pradeep Singh Yerur noted that the procedure under the Right to Education (RTE) Act had not been followed.

“The state government has issued the impugned circulars to prescribe certain assessment and evaluation under the provisions of RTE Act,” Justice Pradeep said.

“No doubt, the appropriate government, being the state government, is empowered to make rules and regulations to carry out the provisions of the Act. But, while doing so, it has to necessarily follow the procedures under the Act.”

The court observed that the government had erred by not placing the changes before the legislature as mandated by the Act.

“Section 38 (4) of the Act states every rule or notification made by the state government under this Act shall be laid before the state legislature,” Justice Pradeep said, adding the government can still implement the scheme by following the procedure from the next academic year.

The petitioners claimed the decision had come at a time when the students were preparing for their final examinations and the introduction of board exams would adversely affect the interests of both students as well as teachers.

Additional Advocate General (AAG) Dhyan Chinnappa submitted that the state had not decided to make any rule or notification and that it was only formulating evaluations for the benefit of students coming under the state syllabus.

It was further argued that the question of following the process and procedure under the RTE Act would not arise.

But the court didn’t accept the contention.

“I am afraid the said contention of the AAG cannot be accepted for the reason that by virtue of impugned circular there is a change which is brought about by the state government by way of assessment, evaluation awarding of 20 marks for academic year 2022-23, which would invariably be assessed by the board KSEAB of the state,” the court said.

“Thereby, an external agency is coming into play for awarding 20 marks for the students of 5th and 8th standards. This is not contemplated under section 16 of the RTE Act,” the court said.