Last updated time: 11 Mar 2023 at 17:04 IST
However, the court verdict upheld the intention behind the circulars (Representative photo)
The Supreme Court said that the circulars were contrary to the intentions of the Right to Education Act under which they were issued.
The Karnataka High Court on Friday quashed circulars introducing board-level assessment for classes 5 and 8 issued by the Education Department. This applies to students studying in the state program and the question papers were designed with Karnataka School Examinations and Assessment. Management.
The Education Department’s remarks were countered by the Association of Recognized Unaided Schools and the Association for Management of Registered Unaided Private Schools.
A single judge bench of Justice Pradeep Singh Yerur today set aside circulars dated December 12, 2022, December 13, 2022 and January 4, 2023 issued by the Commissioner of Public Instruction and the State Education Department.
The Supreme Court said the circulars were against the intentions of the Right to Education Act under which they were issued.
“Such circulars issued can only supplement the Act or the rules but in no way replace the rules. In cases where such circulars are issued to supersede rules in the guise of rules, the prescribed procedures and processes under Section 38(4) of the Act shall be followed,” the Supreme Court said.
Dismissing the circulars, the Supreme Court judge in his judgement, said, “In the circumstances, I find the arguments advanced by the respective counsel for the petitioners to be valid as the new assessment and assessment format introduced by the State Government is contrary to Sec. Section 16 of the RTE Act and the procedure laid down in this Act. Therefore, writ petitions are allowed.” The apex court found that the state government had not followed the procedure and placed the matter before the state legislatures before issuing the circulars.
“The state government has issued a controversial circular to prescribe certain assessments and assessment procedures under the RTE Act. The State Government is empowered to make rules and regulations and enforce the provisions of the Act. At the same time, he must follow the procedure provided by the Law. Section 38(4) of the Act states that every rule or notification made under this Act shall be made after submission to the state legislatures,” he said.
Arguing for the state, the additional advocate general argued that the government is not making any rule or notification and it is only framing certain assessments and evaluations to help and benefit students who qualify for the state curriculum.
Therefore, there is no question of following the process and procedure of the Act, specifically Section 38 or any other provision of the Act.
The judge, however, said, “Such arguments are wrong. I am afraid that the said views of the learned AAG cannot be accepted because the impugned circular is related to the amendment made by the State Government through assessment and evaluation. Awarding 20 points for the 2022-23 academic year, which is regularly evaluated by the Board; KSEAB of State. Thus, an external agency is working to give 20 marks to students of 5th and 8th standard. This is not covered by Section 16 of the RTE Act.”
However, the judgment upheld the intention behind the circulars. “The objective of the state government order is laudable and appreciable in that it seeks to strike a balance in the assessment and evaluation mechanism as well as remedial measures. At district and state level, there is a need to introduce a check and balance and evaluation mechanism for school students from class 1 to class 9 now that there is a mushrooming number of schools on every street corner. similar assessment to schools and teaching staff,” the Supreme Court said.
“But the manner in which it was tried to be implemented was found inappropriate,” the bench observed.
“However, while introducing such a mechanism, the concerned state government or the schools for that matter must follow the process and procedure laid down and prescribed by law. The basic principle of this law is that when any scheme is ordered for circular, it should be developed or issued in accordance with the law under consideration,” the court ruled.
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(This story was not edited by News18 staff and was published by a syndicated news outlet)
