Dismissed

Rajendra Kuntal v. State Education Departmentors

Rajasthan HC13 Jan 2016CW/17038/2015

Case brief

AI extract

What is this about?

The court dismissed a PIL challenging a notification to conduct an evaluation test for Class VIII students. It held that the exercise was for grading rather than pass/fail determination for promotion, and thus was a valid evaluation under Section 29, not a prohibited Board Examination under Section 30 of the RCEA, 2009.

What did the court decide?

The writ petition challenging the notification and letter regarding the evaluation test was dismissed.

Rajendra Kuntal Vs State Education Departmentors — Education and Admissions | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JAIPUR BENCH

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Rajendra Kuntal Vs. State of Rajasthan & Others (D.B. Civil Writ Petition (PIL) No.17038/2015)

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Date of Order: January 13, 2016.

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PRESENT HON'BLE MR. JUSTICE AJIT SINGH, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. N. K. Singhal, for the petitioner. Mr. Narpat Mal Lodha, Advocate General with Mr. Sheetanshu Sharma, for the State.

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BY THE COURT :

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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 3110-2015 by which Secondary Education Board Ajmer purportedly seeks to conduct an “Examination” at the Elementary level, which the petitioner alleges is in violation of Section 30 of the Right of the Children to Free and Compulsory Education Act, 2009 (hereinafter `the Act of 2009'). Sections 29 and 30 of the Act of 2009, on which reliance has been placed in support of the writ petition, read as under:-

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“29. Curriculum and evaluation procedure.- (1) The curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to

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be specified by the appropriate Government by notification.

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(2) The academic authority, while laying down the curriculum and the evaluation procedure under subsection (1) shall take into consideration the following, namely:-

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(a) conformity with the values enshrined in the Constitution;

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(b) all round development of the child;

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(d) development of physical and mental abilities to the fullest extent;

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(e) learning through activities, discovery and exploration in a child friendly and child-centered manner;

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(f) medium of instructions shall, as far as practicable, be in child's mother tongue;

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(g) making the child free of fear, trauma and anxiety and helping the child to express views freely;

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(h) comprehensive and continuous evaluation of child's understanding of knowledge and his or her ability to apply the same.

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Examination and completion certificate.- (1) No child shall be required to pass any Board Examination till completion of elementary education.

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(2) Every child completing his elementary education shall be awarded a certificate, in such form and in such manner, as may be prescribed.”

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The case of the petitioner is that, in the circumstances, the notification dated 31-10-2015 issued by the Secondary Education

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Board, Rajasthan and the letter dated 21-10-2015 prior thereto and relating to the same issue under the hand of the District Education

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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.

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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 2110-2015 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 Section 29(2) of the Act of 2009. Further the Elementary Education Completion Certificate mandated by Section 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

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class IX. This would work as a feedback both to the student and his parents. It has been submitted that vide notification dated 12-72010 Rajasthan State Educational Research and Training Institute, Udaipur (SIERT) has been declared the competent authority under Section 29 of the Act of 2009.

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Learned Advocate General has emphatically submitted that as per Section 29 of the Act of 2009, the academic authority is required to lay down curriculum, as also the evaluation procedure for the students. The evaluation of students on the basis of the test will be on the five points scale, for the purpose of their gradation after studying

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upto class VIII, as under:-

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Thus, for the purpose of “evaluation” as required under the Act of 2009 the mode adopted is a test without any cut of marks. The “evaluation” test will be conducted with the help of the Board of Secondary Education's District Education Training Institute (DIET) and so also the Registrar, Departmental Examination Bikaner. It has been submitted that in the circumstances, no violation of Section 30 of the Act of 2009 is made out as alleged.

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Heard. Considered.

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Chapter V of the Act of 2009 deals with curriculum and

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Completion of Elementary Education. Section 29 of the Act of 2009 deals with curriculum and evaluation procedure for Elementary Education i.e. upto class VIII. Section 30 of the Act of 2009 prohibits requiring any child to pass in the Board Examination till Completion of Elementary Education. But “evaluation” is not excluded, instead it is categorically provided for in Section 29 of the Act of 2009. Every child completing his Elementary Education is to be awarded a certificate in such form and in such manner, as may be prescribed. It is thus evident that even while no child can be required in law to pass an examination till completion of the Elementary Education, yet children completing Elementary Education are to be awarded a certificate of Completion of Elementary Education. For grant of certificate of Completion of Elementary Education, evaluation is necessary. The manner of evaluation is in the discretion of the competent authority within the parameters laid down under Section 29(2) of the Act of 2009. The notification dated 31-10-2015 is only for the purpose of inviting applications for a test for Evaluation and gradation of students of class VIII, who are to be awarded a certificate of Completion of Elementary Education. No minimum cut off marks are prescribed. No student will be declared failed or passed. They will only be graded for grant of certificate of Completion of Elementary Education. Irrespective of performance, each student would be entitled to be promoted in next class i.e. class

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IX. The evaluation test in issue cannot in the circumstances, by any stretch of imagination, be held to be traumatic to the children or deleterious to their academic growth and learning.

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In the circumstances, we find no force in the contention of the counsel for the petitioner that the letter dated 21-10-2015 or the notification dated 31-10-2015 are in violation of Section 30 of the Act of 2009.

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Consequently, the writ petition is merit less, without any basis, based on speculative grounds and liable to be dismissed. Dismissed accordingly.

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(Alok Sharma), J. (Ajit Singh) Acting C.J.

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arn/

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All corrections made in the order have been incorporated in the order being emailed.

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Arun Kumar Sharma, Private Secretary.

Rajendra Kuntal v. State Education Departmentors

Case brief

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Rajendra Kuntal v. State Education Departmentors

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