Introduction:

The Karnataka High Court has invalidated notifications issued by the State Government entrusting the Karnataka School Examination & Assessment Board (KSEAB) with conducting Summative Assessment-2 exams for classes 5th, 8th, and 9th, along with the annual examination for class 11th. The decision, pronounced by Justice Ravi V Hosmani, emphasizes the importance of democratic procedures and deems the faulty measures as unsustainable.

Arguments:

The petitioners, including the Registered Unaided Private Schools Management Association Karnataka, challenge the notifications, alleging violations of the Right of Children to Free and Compulsory Education Act, 2009. They argue that the assessments, though termed “summative,” resemble board examinations and conflict with the RTE Act. The state government counters, asserting the preparatory nature of exams and the need for uniform assessment standards.

Court’s Judgement:

Justice Hosmani rules in favor of the petitioners, emphasizing the government’s failure to adhere to Section 145(4) of the Education Act. He asserts that democratic procedures are vital when implementing changes affecting a large number of students. The impugned notifications, although gazetted, lack compliance with Section 145(4), rendering them unsustainable. The court quashes the notifications entirely, stressing the significance of procedural correctness.