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2024 Supreme(AP) 937
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA, J.
United Private Educational Institutions Federation and Others - Petitioners
Versus
The State Of Andhra Pradesh and Others - Respondents
Writ Petition No. 35460 Of 2022
Decided On : 21-06-2024
For the Petitioners: Sri Vijay Mathukumilli.
For the Respondents: GP for Education.
IMPORTANT POINT
The court established that common examinations for elementary students violate the Right to Education Act, which mandates a child-friendly evaluation process free from fear and anxiety.
Headnote:
Education - Classroom Based Assessment - Right to Education Act - Section 29 - The court found that the introduction of common examinations for elementary students violated the provisions of the Right to Education Act, particularly concerning the child's right to a stress-free evaluation process.
Fact of the Case:
The petitioners challenged the SCERT's directive mandating private schools to conduct Classroom Based Assessments and pay examination fees, arguing it violated constitutional rights and the Right to Education Act.
Finding of the Court:
The court concluded that the SCERT's actions were arbitrary and illegal, infringing on the rights of elementary students by imposing a common examination model that induced fear and anxiety, contrary to the Right to Education Act.
Issues: Whether the SCERT's directive for common examinations and fees for private schools contravened the Right to Education Act and the constitutional rights of students.
Ratio Decidendi: The court held that the introduction of a common examination model for elementary education was unjustified and violated the provisions of the Right to Education Act, particularly Section 29, which aims to protect children from stress and anxiety.
Result: The court set aside the SCERT's directive regarding Classroom Based Assessments and the associated fees.
JUDGMENT :
(V. Sujatha, J.)
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…. to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the 3rd Respondent, State Council for Education Research and Training (SCERT for brevity) in issuing the proceedings vide Rc.No.ESE02/591/2022-SCERT dated 03.10.2022 whereby and whereunder the directions are given to the private unaided educational institutions to compulsorily participate under Classroom Based Assessment (CBA) examination for classes I to VIII and Formative Assessment (FA) examination for classes IX and X and to remit the examination fee for conduct of such common examination @ Rs.150/and Rs.200/ as being arbitrary, illegal and violative of Articles 14 and 19 (1) (g) of the Constitution of India and against the principles of natural justice besides being in contravention of Section 29 of the Right to Education Act 2009 and consequently set aside the same and issue such other writ or order or direction as deemed fit and proper in the circumstances of case.….”
2) The case of the petitioners is that the petitioners are the Federation of United Private Educational Institutions and Educational Society respectively and have been striving for the cause of the students? right from the Kindergarten to the Post-graduation level. Respondents served copy of the impugned proceedings dated 03.10.2022 to number of Managements, who are the members of petitioner No.1 Federation and directed the District Common Examination Boards (for short “DCEBs”) to change the pattern of conduct of examination, especially for classes 1 to V and making it compulsory for the student to undergo the public examination model and also directed them to pay huge amount towards each question paper at the rate of Rs.200/- per question paper.
3) It is further submitted that the impugned proceedings emanated from the programme announced by the Government of Andhra Pradesh under the name and style “Supporting the Andhra?s Learning Transformation Programme” (for short “SALT”), which is announced for the Government Schools alone. SALT scheme is a World Bank financed project, the object of which is to be achieved through the Government schools only, but it cannot be made applicable to the private unaided educational institutions in the State. The examinations were conducted even for the students studying in the private unaided schools which were called as “Slip Tests”. Now, the Government has re-named the said examination as ‘Classroom Based Assessment’ test (for short “CBA”). Such a decision to change the nomenclature has been taken by the authorities to bring the private unaided educational institutions under the ambit of SALT. For slip tests, there should not be any separate question paper or any timelines or restriction of time. Any deviation from this procedure will be detrimental to the students studying in the private unaided educational institutions and the deviation is against Section 29 of the Right to Education Act, 2009.
4) It is further stated that Section 29 of the Right to Education Act, 2009 is very specific that the common examinations for classes I to V cannot be permitted to be conducted since the students are tender age and they cannot be pressurized to take the common examination. The authorities cannot be allowed to act as per whims and fancies particularly when it is pertaining to the career of the minor students. Therefore, the action of respondent No.3 in issuing the impugned proceedings is illegal and unjust. Hence, the writ petition.
5) When the matter came up for admission on 04.01.2023, this Court passed the following interim order:
“……….Having regard to the facts and circumstances of the case and as the impugned proceedings, vide Rc.No.ESE02/591/2022-SCERT, dated 03.10.2022, issued by the 3rd respondent are not traceable to any of the provisions of the Education Act, the respondents are dir
