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2024 Supreme(Online)(SC) 388
SUPREME COURT OF INDIA
MS. JUSTICE BELA M. TRIVEDI, MR. JUSTICE PANKAJ MITHAL, JJ
ORGANISATION FOR UNAIDED RECOGNISED SCHOOLS ® (OUR SCHOOLS) – Appellant
Versus
STATE OF KARNATAKA – Respondent
SLP(C) No.-008142 / 2024
Mr. K.V. Dhananjay, Adv., Mr. A Velan, AOR, Ms. Navpreet Kaur, Adv., Mr. Sainath P.M. Adv., Ms. Ananya A.K., Adv., Mr. Dheeraj S.J. Adv., Mr. Honey Kumbat, Adv.
The court emphasized adherence to the Right to Education Act and the necessity of stakeholder consultation in educational assessments, ruling against the State's hurried actions.
Headnote:(A) Right to Education Act, 2009 - The impugned order of the High Court was challenged for allegedly disregarding statutory interpretation and constitutional provisions. The petitioners argued that the State's actions caused distress among students and teachers, violating the principles of the RTE Act. (Paras 4, 5, 8)
(B) Judicial Review - The court emphasized the need for adherence to statutory provisions and the importance of stakeholder consultation in educational assessments. The court found the State's hurried actions to be detrimental to students' futures. (Paras 7, 11)
Facts of the case:
The petitions were filed against a High Court order directing the State to resume assessments for Classes 5th, 8th, and 9th, which had been stalled, causing significant distress among students and teachers.
Findings of Court:
The court stayed the implementation of the impugned orders, highlighting the potential harm to students and the need for compliance with the RTE Act.
Issues: The main issues included the legality of the High Court's order and the implications of the State's actions on students and educational standards.
Ratio Decidendi: The court ruled that the State's actions appeared to contravene the RTE Act and lacked proper stakeholder engagement, necessitating a stay on the impugned orders.
Result: The operation and implementation of the impugned orders were stayed.
1. The matter though listed at Item No.63 is taken up on priority basis on the oral mentioning made by learned counsel, Mr. K.V. Digitally signed by RAVI ARORA Date: 2024.04.08 16:33:34 IST Reason:
- Signature Not Verified Dhananjay for the petitioners. A copy of the order dated 06.04.2024 passed by the Karnataka School Quality Assessment and Accreditation Council, is taken on record.
2. Heard learned counsel for the petitioners of the three petitions filed by Organisation for Unaided Recognised Schools and Reg, Registered Unaided Private Schools Management Association Karnataka and RTE Students and Parents Association.
3. This is the classic instance whereby none else than the State Government of Karnataka has sought to create a havoc and great distress not only amongst the students and their parents, but also amongst the teachers and the School Managements in the State of Karnataka.
4. The present set of petitions are directed against the common impugned judgment and order dated 22.03.2024 passed by the Division Bench of the High Court of Karnataka at Bengaluru in W.A. Nos.379 and 380 of 2024, whereby the Division Bench while allowing the said appeals and setting aside the order dated 06.03.2024 passed by the Single Bench in Writ Petition Nos.26489 and 24745 of 2023, has directed the State to hold the remaining assessment for the Classes 5th, 8th and 9th and to resume the process, which was stalled for 11th standard. It was additionally directed to the State to consult the stakeholders before notifying the assessment of alike pattern for upcoming academic years.
5. It has been sought to be submitted by the learned counsel for the petitioners that the impugned order is passed by the High Court in utter ignorance of the basic tenets of the statutory interpretation as also of the constitutional provisions and the RTE Act. Not only that, despite this Court’s observations made in the order dated 12.03.2024 passed in Civil Appeal No.4144 of 2024, and despite the fact that there were important issues pertaining to the Education Policy of the State involved, the Division Bench did not grant the petitioners any time to approach this Court to challenge the impugned order. The State Government also speedily proceeded with the Board exams in extremely hurried manner and directed to schedule the exams on 25th, 26th, 27th and 28th of March, 2024 for the students of Classes 5th, 8th and 9th, when the 10th Board exams were also scheduled, causing tremendous hardships to the students, their parents and the teachers. As if, this was not enough, runs the submission of the learned counsel for the petitioners, in order to see that the petitioners do not get any relief from this Court, on Saturday, i.e., on 6th April, 2024, in the late evening hours, an order in the form of proceeding came to be issued by the Karnataka School Quality Assessment and Accreditation Council, directing all the School Head Teachers / Principals (through Block Education Officers) to compulsorily publish the evaluation results for the standards 5th, 8th and 9th before 9.00 A.M. on 08.04.2024. It has also been stated therein that under no circumstance, should there be a delay in publishing the results and the Deputy Director (Administration) and Block Education Officer shall ensure that the results shall be published in all the Schools by the Head Masters/Principals and shall inform the Board accordingly.
6. It is further sought to be submitted by the learned counsel for the petitioners that though the teachers had raised objections against evaluation of 1.66 crores answer sheets of Classes 5th, 8th and 9th Board exams in the shortest possible time and though the schools had complained of errors in the evaluation of the Board exams answer sheets of the said classes, the order dated 06.04.2024 came to be issued making it compulsory for the School Managements to publish the evaluation results for the said classes, before 9.00
A.M. on 08.04.2024.
7. Having regard to the
