The Karnataka High Court has, on July 12, dismissed a petition which sought to cancel the state Secondary School Leaving Certificate (SSCL) exams scheduled to be held on July 19 and 20.
Hearing the petition, Justice BV Nagarthana said the court found "no merit in the petition" and quipped to students: "One more week to study".
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The petition filed by SV Singre Gowda argued that the COVID-19 pandemic had changed the lives of people all over the world, including children, who were "battling with online studies" which made it harder for them to understand the subjects, Live Law reported.
The petition has also noted that only few institutions may have held online classes, especially in rural areas of Karnataka, where not even a single class may have been conducted. It asked the court to examine the "bad circumstances" and issue "necessary directions immediately".
Proceedings of the case
Beginning the hearing, the attorney general Prabhuling K Navadgi informed the court that the examinations are condensed from six days to two days – July 19 and 20. Three subject papers, worth 40 marks each, will be held on both day between 10.30 am to 1.30 pm. Format of the exams is multiple choice questions.
Addressing the petitioner advocate Somshekhariah, the court asked why they have come to court when everything is open and the number of COVID-19 cases have come down, stating: “It is in the interest of the students of Karnataka to appear for the board exams.”
The bench of Justice BV Nagarthana further noted, “The central government’s decision to not hold exams may have been taken when COVID-19 was at its peak. Today it is not so. This is the ideal time to conduct SSLC exams.”
He further noted that no student can be forced by either the school or the parents, adding: “Those who do not want to appear for exam – do not attend it. Choice is theirs. If state has taken decision keeping in mind safety of children and changed format why should we interfere with it. Let the exams go on it is in the interest of the students of Karnataka.”
Justice Nagarthana also said that the government’s decision would have come after consulting experts and nobody is forcing students if they are unwilling to take a risk. “We do not see merit in this case.
On safety protocols, AG Navadgi said that each classroom will have 12 students with one student per desk and minimum of six feet distance. “Health screening counter will be provided and a detailed SOP has been prepared,” he added.
AG Navadgi also assured that no student will fail as the state will ensure minimum passing marks for all. “All the students who appear now will be declared as pass irrespective of their marks.”
The judge also noted that if exams are held students from Karnataka will “at least have a certificate of attending the board exam” compared to states where exams were cancelled.
Court order
In its order the court noted that petitioner argues that the third wave of coronavirus pandemic is expected to affect children and that exams commencing on July 19 and 20 “is not in interest of 9 lakh students who are appearing for exams in Karnataka”.
The petition also refers to board exams being cancelled by many state governments and the CBSE/ICSE boards, and argues that students and teachers are not yet vaccinated which puts them at risk of exposure to the virus during exams.
The court also noted that the AG drew attention to detailed SOP to be followed and that positivity rate in Karnataka is 1.48 percent, making it “the most ideal time to conduct examination”. It held that the SOPs be complied with and given the format of the exams to be held students will only be required to appear for three hours. It also noted the exam time table is not arbitrary.
In regards to petitioner saying that if students are forced to appear for exams the state be held responsible, the court noted, “no student will be forced to attend exam either by state or parents and that the decision to attend has to be collective decision of parent and students.”
“We find that exam is interest of student as they would have a future because they attended a board exam and were not simply marked as passed. In case of second PUC student there was a data available to assess for marks. However, the SSLC students there is no data. Therefore we find there is no arbitrariness in state holding exams on July.”
“We find there is no merit in the petition and the same is dismissed,” it stated.
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