Hon’ble Anil Kumar, J.—Heard Sri S.K. Tewari, Sri Brij Lal Tripathi, Smt. Alka Verma, Sri M.M. Srivastava, D.K.S. Chauhan, Sri V.K. Singh, Sri M.S. Rathore, Sri Pradeep Singh, Sri O.P. Misra, Sri Kuldeep Mani Tripathi, Sri D.C. Tewari, Sri H.B. Singh and Sri G.C. Verma, Sri H.G.S. Parihar, Sri D.K. Singh, Sri Sanjay Kumar and Sri Balram Yadav learned counsels for the petitioners and Sri Rakesh Srivastava, learned Standing Counsel for opposite parties in the above noted writ petitions.

2. With the consent of the learned counsel for the parties, as the common question for allotment of examination centre for High School and Intermediate Examination, 2010 are raised in the above said writ petitions so they are being clubbed together, heard and decided by a common judgement.

3. In the State of Uttar Pradesh the High School and Intermediate examinations are conducted by a body known as Madhyamik Shikcha Parishad, Allahabad, U.P. (Hereinafter referred to as ‘’Board’) and for the said purpose various centres are allotted in different institutions situated at different places in districts throughout the State.

4. The Centre has been defined in Section 2(aa) of U.P. Intermediate Education Act 1921 (hereinafter referred to as ‘Act’) as under :

‘Centre’ means an institution or a place fixed by the Board for the purposes of holding, its examinations and includes the entire premises attached thereto.’

Further as per the provisions contained in Section 13 of the Act for smooth functioning of Board, the Board has constituted different committees namely :

(a) Curriculum Committee

(b) Examinations Committee

(c) Results Committee

(d) Recognition Committee

(e) Finance Committee

5. Moreover as per provisions contained in Regulation 2(Ja) of Chapter-VI which is framed under the Act deals with Examination Committee provides that the ‘’Examination Committee’ shall make recommendations in respect of framing policy for establishment of Examination Centres, Evaluation Centres and copy of Collection Centres, which is quoted below :

“2(Ja)- Parikcha kendro, mulyankan kendro aur sankalan kendro ko esthapit karne aur todne ke liye apnaye jane vali niti ke sambandh mai sanstuti karna.”

6. In the instant case as per the aforesaid provisions as provided in the Act and Regulations, the meeting of Examination Committee was held on 30.6.2009 in which a decision for establishment of Centres for conducting examination High school & Intermediate by Board relating to year 2010 was considered and the Examination Committee after considering the matter made recommendation to the State Government for framing Policy for establishment of Examination Centres relating to High School and Intermediate Examination, 2010 (hereinafter referred to as ‘examination in question’).

7. In pursuance to the above said recommendation the State Government in exercise of the power under Section 9 of the Act had issued a Government Order dated 27.8.2009 laying down the policy in respect of establishing the examination centres with a view to conduct a fair, impartial and in transparent manner the examination in question. The said Government Order was subsequently modified by another Government Order dated 14.10.2009 by which it is inter-alia provided that the representation preferred against the proposal for allotment of Centres for the examination in question, the same will be considered by District Level Committee instead of Divisional Level Committee.

8. In view of the G.O. dated 27.8.2009, two committees were constituted namely—(a) District Level Committee; (b) Divisional Level Committee and the constitution of the said Committees are hereunder :

(a) District Level Committee :

(i) District Magistrate -Chairman;

(ii) District Inspector of Schools-Member Secretary;

(iii) Basic Shiksha Adhikari- Member

(iv) Two Senior Principals of the same district Members

(one must belong to rural area of the same district)

(v) Sub-Divisional Magistrate- Member

(of the sub division in which the cent