Karnataka HC.
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A division bench of the high court on Thursday rejected the memo seeking to refer the appeals about school board exams to a larger bench.
A division bench of Justices K Somashekar and Rajesh Rai K rejected the memo filed by the RTE Students and Parents’ Association. The hearing in the matter has been adjourned until Friday. The bench was hearing the appeal filed by the state government regarding the conduct of Summative Assessment-2 (SA-2) exams for classes 5, 8, 9 and 11.
On Tuesday, the Supreme Court had called upon the division bench to decide the appeal. At the hearing, the counsel representing the RTE Students and Parents’ Association moved an interlocutory application (IA) for impleading them as respondents in the appeal.
Another IA was moved by a batch of government school students, studying in classes 5-8, supporting the state government’s stand to conduct the SA-2 exam. According to them, exams have already been conducted for two days and any interjection would seriously hamper and prejudice their academic career.
The division bench allowed both impleading applications and said both impleading applicants could submit their written statements. On the request to refer the matter to a larger bench, the division bench observed that the memo lacked merit.
The bench observed that the Supreme Court’s March 12, 2024, order stated that the high court division bench might decide the writ appeals on merits and as per the law without being influenced by the observations made by the top court.Meanwhile, Additional Advocate General (AAG) Vikram Huilgol continued his arguments and said that the examination was inevitable for students.
He said in case the appeals were allowed, the Karnataka School Examination and Assessment Board (KSEAB) would have to conduct the exams and if the appeals were rejected, respective institutions would have to conduct the same with their teachers setting the question papers.
The state had issued two notifications appointing the KSEAB as the competent authority to conduct SA-2 for students studying in government-aided and unaided schools and colleges in the state, following the Karnataka State Board Syllabus and permitting it to conduct the SA-2 examination. The state filed the appeal challenging the single bench order that set aside both notifications citing procedural lapses.