RAJENDRA KUNTAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Claiming to be the State Convener of the Campaign Against Child Labour (CACL) for Rajasthan, the petitioner has filed this public interest petition against the alleged illegal order dated 31 -10 -2015 by which Secondary Education Board Ajmer purportedly seeks to conduct an "Examination" at the Elementary level, which the petitioner alleges is in violation of Sec. 30 of the Right of the Children to Free and Compulsory Education Act, 2009 (hereinafter 'the Act of 2009'). Ss. 29 and 30 of the Act of 2009, on which reliance has been placed in support of the writ petition, read as under: - -

(2.) The case of the petitioner is that, in the circumstances, the notification dated 31 -10 -2015 issued by the Secondary Education Board, Rajasthan and the letter dated 21 -10 -2015 prior thereto and relating to the same issue under the hand of the District Education Officer (DEO) Bikaner be set aside. It has been submitted that the examination in question would traumatize the children and adversely affect their education and academic growth.

(3.) Reply to petition has been filed. Learned Advocate General has submitted that the letter dated 21 -10 -2015 and the notification dated 31 -10 -2015 only relate to applications for the purpose of holding a test referred to, as an examination by the appropriate authority for the purpose of "evaluation" of students and also in the context of their performance therein, the assessment of teachers engaged in teaching them in various subjects is not barred in law. It has been submitted that albeit the word used in the letter dated 21 -10 -2015 and the notification dated 31 -10 -2015 is "examination", the nomenclature, notwithstanding, it is an exercise for "evaluation" where no student will be declared pass or fail, but only will be assessed for the extent of his proficiency, and graded accordingly for award of an Elementary Education Completion Certificate mandated by Sec. 29(2) of the Act of 2009. Further the Elementary Education Completion Certificate mandated by Sec. 29(2) of the Act of 2009 will be awarded to all students irrespective of their performance and all students would be entitled to be promoted to class IX. This would work as a feedback both to the student and his parents. It has been submitted that vide notification dated 12 -7 -2010 Rajasthan State Educational Research and Training Institute, Udaipur (SIERT) has been declared the competent authority under Sec. 29 of the Act of 2009.