IN THE HIGH COURT OF ALLAHABAD
R. R. Yadav, J.
RAM PRAKASH DEWAKAR - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS - Respondents
C. M. W. P. 7486 Of 2002
Decided On : 02/20/2002
Examination Centre - Policy Decision - High School and Intermediate Examinations - 2001-2002 - [State Government Policy Decision, Article 14 of the Constitution]
Fact of the Case:
The petitioner's institution was not made a center for the Board Examination due to political pressure, and the petitioner sought representation for the same.
Finding of the Court:
The Court directed the District Inspector of Schools to forward the representation to the Regional Level Committee for decision in accordance with the State Government's policy decision, emphasizing the need for fairness and adherence to policy decisions.
Issues: Dispute over the allocation of examination centers and the creation of self-center for girls students, based on the principle of 'as far as possible.'
Ratio Decidendi: The Court emphasized the importance of adhering to policy decisions taken by the State Government to maintain uniformity and equal protection, highlighting the prohibition of arbitrariness under Article 14 of the Constitution.
Final Decision: The writ petition was disposed of with the direction to the Regional Level Committee to decide the representation of the petitioner in accordance with the State Government's policy decision.
( 1 ) HEARD.
( 2 ) SRI P. K. Jain is appointed as amicus curiae to assist the Court, who pointed out that a representation made by the petitioner is pending before the District Level Committee in this regard.
( 3 ) IT is revealed from the averments made in the writ petition that in petitioners institution, there are 500 students in the High School and Intermediate classes out of which 116 girls students are nominated for appearing in the forthcoming examination which is going to be held from 18th march. 2002. It is also averred in paragraph 5 of the writ petition that when the petitioner came to know through newspaper dated 19. 10. 2001 that petitioners institution has not been made a centre for Board Examination, he sent a representation to respondent No. 1 on 27. 10. 2001 and the same was received also in the office of respondent No. 1. In the aforesaid representation dated 27. 10. 2001, the petitioner stated that report of the Examination Authority was found satisfactory about the examination conducted in the petitioners Institution pertaining to year 2001. It is averred in the writ petition that petitioners institution is on Kishani-Karhal road but by some political pressure, petitioners Institution has not been made a centre for Board examination, 2002. It Is also averred in paragraph 12 of the writ petition that petitioners institution is about 21 Kms. away from Tehsil, Karhal and their nearer colleges, namely, Ghatam dev Inter College, Bhanpur, Patara and Anr. Sri Nehru Smarak Inter College, Saman are also not in the list of examination centres.
( 4 ) LEARNED standing counsel brought to my notice departmental instructions, a copy whereof is produced by one office bearer in the office of Madhyamik Shiksha Parlshad, U. P. Allahabad. From perusal of departmental instructions, it is clear that girls are allotted Nehru Smarak Inter college, Saman and boys are allotted Examination Centre at Narsingh Inter College, Karhal.
( 5 ) LEARNED amicus curiae, Sri P. K. Jain vehemently urged before me that in accordance to para 2 of the policy decision, every attempt is to be made to accommodate girls in same Institution that is called self centre.
( 6 ) A close scrutiny of the material available on record throws a flood of light that for determination of examination centres for High School and Intermediate Examinations, 2001-2002, the State Government has taken a policy decision creating District Level Committees and Regional Level Committees. It is also evident from perusal of material available on record and averments made in the writ petition that District Level Committees are to send proposals to the Regional Level Committees consisting of Divisional Commissioner, Joint Director of education, Mandaliya Sahayak Nidesak (Basic) and all the District Inspectors of Schools of a region for allotment of Examination Centres for purposes of smooth conduct of Examinations of high School and Intermediate for the Session 2001-2002. It is pertinent to observe that policy decision taken by the State Government contemplates a District Level Committee, whose member-Secretary is District Inspector of Schools. The allotment of Centres is to be made by regional Level Committees on the recommendation of District Level Committees. It is inferable from the policy decision taken by the State Government that after approval of Centres by regional Level Committees, the proposed Centres are to be published in two newspapers by the district Inspector of Schools and its copies are to be affixed on the Notice Board in the Office of district Inspector of Schools.
( 7 ) IT is evident from perusal of policy decision of the State Government that guidelines specifically provide that Centres for examination of the students of High School and intermediate should be as far as possible within a distance of about 8 Kms. According to policy decision, every attempt is to be made to accommodate girls students in same institution, that is called "self centre
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