LOKESH M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the learned counsel appearing for the petitioners and the learned Advocate General appearing for the respondents. Formal notice is issued to the respondents and it is taken by the learned Advocate General.

(2.) The issue raised in this petition concerns SSLC examination conducted by the second respondent - Karnataka Secondary Education Examination Board (for short 'the said Board'). The petitioners are the practicing advocates. They have filed this petition for inviting the attention of the Court to the hardships which may be faced by lakhs of students if SSLC examination is held by the said Board as proposed between 25th June 2020 to 4th July 2020. The only substantive prayer in this petition is for issuing a writ in the nature of a mandamus directing the respondents to cancel the SSLC examination for the academic year 2019-2020 in the State of Karnataka and consequently, to declare the students who have registered for SSLC examination eligible for promotion to the next higher class based on the marks obtained by them in the Pre-Board/ Preparatory examinations, in the interest of justice and equity.

(3.) The learned counsel appearing for the petitioners firstly submitted that in view of the provisions of the Karnataka Education Act, 1983, the academic year 2019-2020 came to an end on 11th April 2020 and therefore, after the end of the academic year, SSLC examination cannot be held. He pointed out that about 8.48 lakhs students will be appearing for SSLC examination. His submission is that forcing such a large number of young students to appear for the examination will amount to exposing them to the risk of getting infected with corona virus. He, therefore, submitted that in the larger interest of so many students, the SSLC examination should be cancelled as prayed for in the petition. In paragraph 2.9 of the writ petition, the petitioners have relied upon the fact that in the State of Maharashtra, the Government has cancelled SSLC examination for Geography subject which could not be held due to lockdown.