Changing an examination center mid-examination is impermissible due to potential disruption of examination administration processes.

JUDGMENT :

A.C. BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner (Principal, Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal) praying for a direction to the Council of Higher Secondary Education, Odisha, Bhubaneswar (Opposite Party No.3) and the Controller of Examination, Council of Higher Secondary Education, Odisha, Bhubaneswar (Opposite Party No.4) to allow the petitioner’s institution, i.e., Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal for conducting the Higher Secondary Examination, 2026 of its students in its own institution like the previous years.

2. The case of the petitioner is that, the Higher Secondary School of Art and Culture, Sarakhia, Dhenkanal had/has been prosecuting +2 Vocational Music Course to its students since the year 2011. The permission and recognition of the said institution of the petitioner was granted on 18.08.2011 and 29.12.2011 respectively as per Annexures-1 and 2. The institution of the petitioner had/has been imparting +2 Vocational Music Course to its students properly since the year 2011. The institution of the petitioner is an unaided institution as per the provisions of Section 3(p) of the Orissa Education Act, 1969. In this year, there are 72 students in the 1^st year and 51 students in the 2^nd year. All the 51 students in the 2^nd year had filled up their forms to appear Higher Secondary Examination, 2026.

Taking the infrastructures and feasibility of the petitioner’s institution into account, the Opposite Parties had allowed/declared to the petitioner’s institution as an independent examination center for conducting the examinations of its own students in the year 2014. Accordingly, since the year 2014 till the year 2025, the students of the petitioner’s institution had been appearing their final Higher Secondary Examination in the petitioner’s institution. Surprisingly, as per Annexure-4, the Opposite Party Nos.3 and 4 showed to the petitioner’s institution erroneously as self-financing Higher Secondary Institution, though, in fact, the same is an unaided institution, but, not a self- financing institution. For which, as per Anenxure-5, the Controller of Examination, Council of Higher Secondary Education, Odisha, Bhubaneswar(Opposite Party No.4) did not allow the institution of the petitioner to continue as examination center of its own students for Higher Secondary Examination, 2026 and tagged the institution of the petitioner to Dhenkanal Higher Secondary Education School, Dhenkanal for the same. To which, the petitioner objected in writing and requested to the Opposite Parties for correction of the Annexure-5 and to permit/allow the petitioner’s institution for conducting the Higher Secondary Examination, 2026 of its own students as before accepting the petitioner’s institution as none self-financing institution. Taking such, objection of the petitioner into account and on verification of the records, the Director, Higher Secondary Education, Odisha, Bhubaneswar (Opposite Party No.2) as per its Office Order No.455 dated 13.01.2026 vide Annexure-6 issued a corrected order in favour of the petitioner’s institution declaring the same as none self-financing institution. For which, the petitioner’s institution has been treated and declared as before as an unaided institution, but, not a self-financing institution. Due to such correction as per Annexure-6, the institution of the petitioner should have been allowed to conduct the examination of Higher Secondary Examination, 2026 of its own students in its own institution and in order to accord permission for the same, he(petitioner)