The Karnataka government informed the Supreme Court on Tuesday that the State's notifications to hold board examinations for classes 5, 8 and 9 in the current academic year in three rural districts have been withdrawn [Registered Unaided Private Schools Management Association Karnataka vs State of Karnataka and Others].
Interestingly, Central government's second senior most law officer, Solicitor General (SG) Tushar Mehta, appeared for the Congress ruled State.
SG Mehta told the bench of Justices Bela M Trivedi and Satish Chandra Sharma that there was a mistake on the part of State in issuing such a notification for conducting exam despite court's stay.
"The withdrawal is done. It was a mistake on our part. It is our mistake. I can assure my learned friend that even if exams were conducted, no results will be out. It can be recorded (by the Court)," SG Mehta submitted.
The Court asked why the State was troubling parents and children.
"Why is State bent to trouble the parents and children? There appears to be some ego problem on part of state."
To this, SG Mehta submitted that there were some errors in grant of marks in three districts and that was the reason behind issuing notification for conducting public examinations.
However, SG Mehta clarified that taking note of court's stay order, the notifications have now been withdrawn.
"State cares about the children. There is no intent on our part to harm their future. It was our mistake and we have withdrawn it," SG Mehta submitted.
Taking note of submissions by SG Mehta, the Court posted the matter next week for further hearing.
The top court had in April stayed the operation of a High Court order that had upheld the State's decision to conduct "board examinations" for classes 5,8, 9 and 11 of schools affiliated to the Karnataka State Education Board (KSEAB).
The High Court had, in its March 22 judgment, accepted the State's contention that the examinations cannot be viewed as "Board Exams" in the conventional sense and dismissed petitions challenging its conduct.
The apex court then stayed the declaration of results of such exams, while hearing an appeal filed by Unaided Private Schools Management Association (appellant) challenging the High Court verdict.
Advocates KV Dhananjay, A Velan, Ananya Krishna, Sainath DM and Dheeraj SJ represented the appellants before the top court.
[Live Courtroom Exchange]