Thread by @barandbench

Karnataka High Court to shortly hear a petition challenging decision of the State government to conduct SSLC examination for 2020-21.

The examination is scheduled to be held on July 19, 20.

#CancelExamsSaveLives #SSLC

Justices BV Nagarathna and Hanchate Sanjeevkumar will hear the petition.

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#CancelExamsSaveLives
#CancelExamsSaveStudents

Hearing begins.

Petitioner Adv: Medical experts have said that new variants have come
Court: When is the exam?
AGA: 19 and 20.
Court: Only two days? How many hours?
AGA: Three hours.
Court: What whole day? 10:30 to 1:30? How many papers? Tell us the format.

Court: Are you condensing six days exam into two days? What happened last year? When was it conducted?
There was an order passed right?

AG: In June 2020. PIL was dismissed.
Court: So last year it was held.

Court: For any student, one board exam he was to face. That is in the interest of the student. It is for his profession, vocations. Parameters were different for PUC.
What are the parameters for this exam?

You are the petitioner. Tell us how many COVID cases are there: Court

Petitioner: 2000 in entire State.
Court: Has it not come down?

Court: It is made an encapsulated format, only for 2 days. It is in the interest of the students

One student shouts "We dont want exams".

Court: Who is this student? You cannot shout like this. This is not a market! Is this your client, petitioner?

Court: Centre passed the decision not to conduct exam when pandemic was at its peak. Now its the right time to conduct exams

It is not essay. MCQ is very easy now. Children are more smart than us. Format is different: Court

If State was decided to conduct exam keeping in mind the interest of students and covid situation, then why should we interfere?

If they don't want exam, let them not attend. Choice is there. It is three hours for three subjects. This is a boon, for average student also to pass the exam : Court

Everyone will get minimum passing marks, everyone will be passed in this format: AG

What about masks and social distancing: Court

This is the ideal time to hold exam. If they don't want to attend exam, let them not. Now they can attend exam with a board exam certificate. This is a boon! : Court

Why Karnataka State alone? Rest of the country don't have exams: Petitioner

Court: This is a policy decision. For NEET, CBSE Board exam, we were in May. Pandemic was at its peak. Pandemic was raging. Now we are in June.

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Court: This is the best time to conduct exams. Offices are open, Courts are open. You have to show that there is arbitrariness. Otherwise we cannot interfere. Now we see no merit.

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Court: Two things: This decision was taken after expert decision. Second, it is the choice of the students. Nobody is forcing them to write exam. Show us how it an arbitrary decision

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AG: SOP issued. We will have only 12 students in a classroom. One desk for one student. There will be social distancing, health screening, 2 paramedical staff.

Last year Court had issued some directions. We have included that too.

Court: They have come up with SOP

#SSLC

All students who appear now will be declared as passed. Positivity rate of Karnataka is 1.48%: AG

We leave it to the choice of the Parents. If they want to send their child, let them. We don't know if tomorrow morning, we will get up or not. No one can predict.

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What is arbitrary here? For all you know, no student or child may be affected. It is not 9 lakhs in one classroom! : Bench

Bench asks court officer to mute their mics.

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#CancelAllExams

Studying for exam is different. Educating is different.

Pet Adv: Two students committed suicide.

Court: You have to make out a legal case, Article 14 - arbitrariness.

Pet Adv: This is an experiment.

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#cancelExamsSaveStudent

Court: This is not an experiment. At least Karnataka students will have a certificate showing they have attended Board exam. Those arguments will not impress us.

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#cancelExamsSaveStudent

Court starts dictating order.

There is an apprehension that third wave will come soon. It is stated that conduct of SSLC examination is not in interest of students.

It is averred that students are not in a position to appear for examination an account of COVID. ICSE and CBSE exams were cancelled and hence, many State govt cancelled board exams. Petitioner has assailed the notification deciding to conduct exams and timetable.

Heard all counsels.

Petitioner contended that only in the State of Karnataka, exams are being held, exposing 9 lakh to risk of covid. It is impossible for students to be prepared in three subjects at a a time, the same is stressful : Court

Therefore, students must be promoted without exam.

Per contra, AG submitted Statement of objections. AG said a circular has been issued, the SOP to be complied with while conducting SSLC exam in July 20, 21. He submitted that detailed SOP having regard to division Bench of this Court last year: Court

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Court: In para 15, Court directed to conduct examination bearing in mind safety and health of students and teachers.

Conduct of examination was postponed but never cancelled.

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The said guidelines and instructions of technical advisory committee. Hence AG submitted that there is not merit in this petition and may be dismissed.

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Court: Judicial notice be taken on the fact that second wave of COVID-19 pandemic is presently heading in Karnataka. Positivity rate is 1.28%.

On opinion of technical advisory committee for conducting exam in the third week of July, decision was made.

Exam is in an encapsulated format by way of objective type questions. It is to ensure that students attend exams only for three hours in two days. Normally, it would have been for three hours, six days : Court

Court: Petitioner not able to make out how said format of exam in arbitrary in nature. Petitioner submitted that if students are forced to attend exam and they suffer from COVID. State would be responsible.

In this regard, we can only observe that no student would be forced to attend exams either by State or Parents. It would be collective decision of parents and students.

Unlike in the case of PUC, where data was available to assess students, there is no such data available....

...in so far as in school are concerned so as to simply promote them. We find that there is no arbitrariness in decision of the State to hold the examination.

In 19-20, COVID-19 pandemic was in the first wave when there was similar challenge made in June : Court

HC: Court was not inclined to interfere in the matter. In fact, it issued guidelines. The same was been incorporated as SOP.

We find that State has taken care to conduct exam by issuing SOP in form of circular to be complied with by all students, teachers and all stakeholders.

Petitioner not able to point out how State conducting exam is arbitrary. Hence, we do not find any merit in the petition.

Hence, petition is dismissed.

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#CancelExamsSaveLives

BREAKING: Karnataka HC dismisses challenge to conduct SSLC exams in the State, in July. Exam to happen as scheduled.

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#CancelExamsSaveLives
#CancelExamsSaveStudents

AG informs Court that Anexure R1 has nothing to do with the decision of State to conduct exam. Courts records the same in its order.

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Court to petitioner: Why are you publicizing your petition? Everyone is writing about it.

You should not have advertised it.

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Court: Students need not be trained for this format. It is just ticking of answers, MCQ format.

They have one more week to study.

Matter ends. Bench rises.

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[BREAKING] Karnataka High Court upholds State government decision to conduct SSLC Examination for 2021

report by @Rintumariam

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@CMofKarnataka

Read more here: bityl.co/7n2P