No Stakeholder Consultation Held Before Notifying Board Exams For Classes 5, 8, 9 And 11: Parents' Body To Karnataka High Court

The Parents' body appearing before the Karnataka High Court on Friday expressed dissatisfaction with the government's proposal to conduct board exams for Classes 5, 8, 9 and 11 in schools affiliated to the State board, without consulting them.

Counsel A Velan, appearing before the division bench of Justice K Somashekhar and Justice Rajesh Rai K for the intervening body in State's appeal challenging a single bench order which denied conduct of board exams, submitted, “I as a parent have a fundamental right. In cases like the action of appellants...No notice is given to me...is it not a violation of my constitutional rights?”

Referring to the Constituent Assembly debates, National Education Policy, US Court decisions, Apex court decisions and International Covenants to which India is a signatory, Velan argued, “Executive cannot be allowed to issue the notification without consultation with the stakeholders...I am not contending that board exams should be or should not be conducted, but we should be consulted, and our view should be considered.”

Velan claimed that exam anxiety is one of the causes for suicide among students and urged that the examination may be conducted, if found in best interest of students on consideration of all relevant factors, only after the parents are consulted. "My parental right here is being robbed.”

He even referred to the Right of Children to Free and Compulsory Education (RTE) Act to argue that provisions under the Act mandate a school committee which comprises parents to ensure the best for the children.

However, the Court pointed that the scope of Section 21 (RTE Act) is not related to the case and "Parent's rights are reserved to a certain extent; it is not the fullest right. School management committee is only for the betterment of the school. In a policy matter the representation of people is through its representatives- MP's and MLA's.”

During the hearing, the Court also took strong exception at the request of advocates representing the Registered Unaided Private Schools Management Association and Organisation for Unaided Recognised Schools (original petitioners/respondents herein) to adjourn the hearing.

“If you have filed the vakalat you have to commence arguments. Otherwise, it will be taken as no arguments...Are you filing vakalat only to seek adjournments? " the bench sternly remarked.

In its order the bench recorded,

“Counsel for respondent filed a memo for adjournment and retiring from the matter, this practice it requires to be deprecated. The counsels are for respondents, but they are officers of the court and they have to address the court keeping in view the ethics and the procedure of the court. It is deemed appropriate to keep the matter on March 18, for Adv K V Dhananjay to make submissions.”

Case Title: State of Karnataka & Others And REGISTERED UNAIDED PRIVATE SCHOOLS MANAGEMENT ASSOCIATION KARNATAKA & others.

Case No: WA 293/2023.