Case Note & Summary
The High Court of Karnataka at Bengaluru heard a batch of four writ petitions filed by associations of unaided private schools and a parent of a fifth standard student, challenging certain circulars issued by the State Government regarding the conduct of examinations for fifth and eighth standard students. The petitioners contended that the circulars effectively imposed a board or public examination, contrary to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the Karnataka Education Act, 1983. The petitions came up for preliminary hearing and were taken up together with the consent of all parties. The main grievance was against circulars dated 12.12.2022, 13.12.2022, and 04.01.2023, which laid down procedures for conducting annual examinations and evaluations for fifth and eighth standard students in schools following the State syllabus. The petitioners argued that these circulars, though not expressly stating the term 'board examination', effectively mandated an external public examination by prescribing centralized question paper setting, printing, distribution of admit cards, and evaluation management. It was submitted that this was in clear violation of Section 16(1) of the RTE Act which provides only for a 'regular examination' at the end of the academic year, and Section 30 which explicitly states that no child shall be required to pass any board examination until completion of elementary education (defined as classes 1 to 8 under Section 2(f)). Learned counsel for the petitioners highlighted the statutory distinction between a regular examination under Section 16 and a board examination under Section 30, arguing that the State could not circumvent the prohibition by issuing a mere circular. It was further contended that the impugned circulars had been issued without following the mandatory rule-making procedure under Section 145 of the Karnataka Education Act, which requires that any rule be laid before both Houses of the State Legislature before coming into force. Similarly, under Section 38(4) of the RTE Act, any rule or notification by the State must be laid before the State Legislature. The circulars, being neither a notification nor a rule, were alleged to be a deliberate attempt to bypass legislative scrutiny. Additionally, the petitioners pointed out that the circulars were issued at the fag end of the academic year, changing the examination methodology midway and causing prejudice to students and schools. The respondent State, represented by the Additional Advocate General, defended the circulars, though the incomplete judgment text does not provide the substance of their arguments. The court, after hearing the preliminary submissions, proceeded to pass an order, the content of which is not available in the provided text. As the judgment is truncated, the final decision, ratio decidendi, and any operative directions remain unknown.
Issue of Consideration
Whether the impugned circulars mandating holding of public/board examination for 5th and 8th standard students violate Section 145 of the Karnataka Education Act, 1983, and Sections 16, 30, and 38(4) of the Right of Children to Free and Compulsory Education Act, 2009, and whether they are ultra vires the parent legislation.
Case Details
2023 LawText (KAR) (03) 41
WP No. 1668 of 2023 c/w WP No. 1699 of 2023, WP No. 3636 of 2023, WP No. 5017 of 2023
Anirudh A Kulkarni, S Sudharsan, Manjunath A, Dhananjaya K V, A Velan, Pawan Shyam A, Nayanatara B.G., Dhyan Chinnappa, Pramodhini Kishan
Registered Unaided Private Schools Management Association Karnataka, Organisation for Unaided Recognised Schools, Smt. Gayathri K.S, Karnataka Unaided Schools Managements Association
Union of India, State of Karnataka & Ors.
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Nature of Litigation
Writ petition challenging state government circulars mandating public/board examinations for 5th and 8th standard students and seeking declaration that Section 16 of RTE Act is ultra vires.
Remedy Sought
Petitioners sought quashing of circulars dated 12.12.2022, 13.12.2022, and 04.01.2023, and a declaration that Section 16 of RTE Act is ultra vires.
Filing Reason
The impugned circulars allegedly violated mandatory procedures under Karnataka Education Act and RTE Act, and imposed board-like examinations without proper legislative authority.
Issues
Whether the impugned circulars are violative of Section 145 of the Karnataka Education Act, 1983, Sections 16, 30, and 38(4) of the RTE Act, and whether Section 16 is ultra vires.
Submissions/Arguments
The impugned circulars effectively impose a board/public examination for 5th and 8th standard students, which is contrary to the statutory scheme of the RTE Act that prescribes only regular examinations for elementary classes (Section 16) and prohibits passing any board examination (Section 30).
The circulars were issued without following the mandatory procedure under Section 145 of the Karnataka Education Act and Section 38(4) of the RTE Act, as they were not in the form of a notification or rule laid before the legislature.
The circulars were issued at the fag end of the academic year, disrupting the education methodology and prejudicing students and schools.
Judgment Excerpts
The students of 5th and 8th standard cannot be subjected to or forced to appear or take-up the Board examination by the respondent-State without following the mandatory due process of law.
The circular dated 12.12.2022 clearly mandates holding of a public examination for 5th and 8th standard in Schools registered under the Act following the State syllabus, though it does not very specifically say so in the circular but on overall reading of the circular, the form and substance and the procedure laid down in the circular for conducting the examination or assessment is by way of an external process which is in total contravention to Sections 16, 30 and 38 of the RTE Act.
Section 16(1) of the RTE Act contemplates conducting of ‘regular examination’ in the 5th and 8th standard at the end of every academic year.
Section 30 of the RTE Act contemplates Board examination, which in specific terms says that ‘no child shall be required to pass any Board examination till completion of elementary education’.
The impugned circulars issued by the respondent-State are in the form of a circular and admittedly, it is not a notification or a Rule.
Procedural History
The writ petitions were filed challenging the circulars. They were listed for preliminary hearing and were taken up together as common questions arose. The court heard submissions from both sides.
Acts & Sections
- Right of Children to Free and Compulsory Education Act, 2009: 2(f), 2(n), 16, 30, 38(4)
- Karnataka Education Act, 1983: 145
- Constitution of India: 21, 21A, 226, 227
