Indicate In Mark Cards Of Karnataka Open School Students That They Appeared For SSLC Exams In Regular Format : High Court

The Karnataka High Court on Monday refused to interfere with a government notification mandating nine days regular format SSLC examination for students registered with the Karnataka Open School System. The examination began today.

A division bench of Justice B V Nagarathna and Justice P Krishna Bhat disposed of the petition filed by a student Puneeth Acharya Y. However, it directed the state government and concerned authorities to indicate on the marks card of these students the fact that they appeared in the regular format of examination during this period of pandemic.

The court said "We direct the state to indicate in their marks card that the students who have appeared under the Karnataka State Open School system examination, have done so in a regular format and during the period between 26/07/2021 to 4/08/2021. The same being indicated in the certificate would in our view assuage their feelings and would be a recognition of the fact they have attended the examination in the regular format, during the pandemic."

The petitioner claimed that the state was discriminating among the regular SSLC students and the open school students. Advocate Manohar P appearing for the petitioner had submitted that for regular students the examination was conducted in two days and in an abridged format which mandated them to sit for two days only for three hours each, thus reducing the threat of contracting infection of covid-19.

However, the Karnataka Open School system students were being given a step motherly treatment by making to appear for examination over nine days and three hours each day, thus exposing them to the threat of Covid-19. He contended that there should be parity in conducting the examinations. It was prayed that "Even though examination has commenced today there is no impediment for revising the time table and conducting exams in the same format as has been done for regular SSLC students."

The government opposed the plea on the grounds that these students who appeared for board exams are not on par with regular students who have registered with the board for various reasons. Further, the threat of pandemic made the state seek expert opinion with regard to conduct of SSLC and on the basis of expert opinion the state government devised a format for conducting exams for regular students in an abridged version. State has successfully conducted the exam although there was a challenge to the same in the high court. It was not accepted by the coordinate bench of the court and said the petition was dismissed on July 12.

Further, once the exam has commenced as per scheduled this court may not interfere with the same. Firstly, because it is a policy decision taken by the department and state government to conduct exams in a regular format for students registered under the KSOS system. Secondly because no case has been made out by the petitioner showing any kind of arbitrariness.

The bench, while refusing to interfere in the notification issued dated July 5, took into account the fact that examination had commenced from today and that only 2,683 students would be appearing for the examination.

The government counsel also informed the court that a separate Standard Operating procedure has been issued for conducting the exams. Following which the examination will be conducted in 15 centers across the state and only 12 students will be allowed to sit in one classroom and other covid appropriate norms would be strictly followed.  

Accordingly, the bench said "We are satisfied that SOP that is envisaged for conducting of said examination will be strictly implemented. Further, considering the low positivity rate of Covid-19, we find that despite the pandemic continuing this is an appropriate time to conduct exam."

It added "As we have already noted the appearance of students under KSOS should be recognized by state and department and it should be noted in their certificate that they have appeared in regular format, despite covid-19 pandemic. Therefore, we do not find any reason to intervene in the matter." The bench also directed the state or the concerned department to declare the results expeditiously.