Karnataka High Court Grants Permission To Conduct KSEAB Board Exams for Classes 5, 8, 9, and 11.

A division bench of the High Court of Karnataka, on March 22, granted permission to the State Government to conduct board exams for classes 5, 8, 9, and 11 for the academic year 2023-24. Additionally, the bench instructed the government to resume the halted exams for classes 5, 8, and 9, and to continue and complete the evaluation process for class 11 exams, which were concluded prior to the single judge’s ruling on March 6. Exams for classes 5, 8, and 9 were paused midway following a judgment by the apex court.

The bench directed the government to engage in consultations with stakeholders before issuing a notification regarding the conduct of board exams for the upcoming academic year.

Consisting of Justice K. Somashekar and Justice Rajesh Rai K., the bench passed the order by accepting the appeal filed by the State Government, challenging the March 6 judgment of a single judge. This judgment had invalidated the October 2023 decision of the State Government to conduct board exams for these classes through the Karnataka State Examination and Assessment Board (KSEAB).

The single judge had determined that the scheme of conducting board exams was implemented without establishing rules under Sections 22 and 145 of the Karnataka Education Act, 1983. These sections mandate the government to frame rules for the implementation of the examination system and to seek feedback from stakeholders before finalizing such rules.

However, the bench concluded that the notifications issued by the State Government to conduct board exams should be interpreted only as guidelines, exercised under the Right of Children to Free and Compulsory Education Act, 2009.

Initially, on March 7, the bench had issued an interim order staying the single judge’s ruling, permitting the government to proceed with the board exams. However, the Supreme Court overturned the interim order of the division bench on March 12, directing the bench to adjudicate the appeal on its merits.

After hearing arguments from both the State Government and the petitioner-school associations on March 18, the division bench reserved its verdict.