ALLAHABAD HIGH COURT
Arun Tandon, J.
Ravindra Pal Singh, Aidal Singh, General Secretary, Student Union, Govt.
Versus
State of U.P.
Civil Misc.Writ Petition 27867 of 2005
Decided On : 15 April 2005
Civil Misc. Writ Petition 27867 Of 2005
Change of Examination Centre - University Examination - Exam/89/2005 - The court dismissed the writ petition challenging the change of examination centre for university students, emphasizing that the petitioner, not being an examinee, had no locus standi to question the change. The court held that the university has the authority to ensure free and fair examinations and refused to interfere with its decision under Article 226 of the Constitution of India.
Fact of the Case:
The petitioner, claiming to be the General Secretary of a student union, filed a writ petition challenging the change of examination centre for university students.
Finding of the Court:
The court found that the petitioner had no locus standi to question the change of examination centres for other students and emphasized the university's authority to ensure free and fair examinations.
Issues: Locus standi of the petitioner to challenge the change of examination centre, authority of the university to change examination centres for ensuring free and fair examinations.
Ratio Decidendi: The court held that the petitioner, not being an examinee, had no standing to challenge the change of examination centres for other students. It emphasized the university's authority to ensure free and fair examinations and refused to interfere with its decision under Article 226 of the Constitution of India.
Final Decision: The writ petition was dismissed by the court.
( 1 ) LEARNED counsel for the petitioner is permitted to add a prayer in the writ petition.
( 2 ) HEARD Sri V. D. Agarwal, Advocate on behalf of the petitioner, Sri Pankaj Mithal, Advocate on behalf of the respondent Nos. 2 and 3, K. Pandey, Advocate on behalf of the respondent Nos. 2 and 3, and Learned Standing Counsel for the respondent No. 1. It is not necessary to issue notice to respondent Nos. 4 and 5, in view of the order proposed to be passed in the present writ petition.
( 3 ) THE petitioner, Ravindra Pal Singh, who claims himself to be the General Secretary of Student union, Government Post Graduate Degree College, Jalesar, Etah has filed this writ petition for the following reliefs:
"i. Issue a writ of mandamus directing the respondent No. 2 not to change the centre which is mentioned in the Admit Card (Annexure. 1 to the writ petition) issued by Respondent No. 3 as well as respondent No. 2 and also permit the petitioner and other students to give the examination Conducting by the Respondent without any interruption. ii. Issue a writ of mandamus directing the respondent No. 2 to hold and conduct the examination as well as re-examination since 22. 3. 2005 till reinstate the examination Centre in the Govt. P. G. Degree College Jalesar Etah. iii. Issue a writ of mandamus directing the respondent to reinstate the examination of Centre of govt Post Degree College Jalesar Etah. iv. Issue a writ of mandamus restraining the respondent No. 2 to disturb the life of the petitioner and examination Centre also in accordance with law. v. Issue a writ of certiorari quashing the Impugned, notification No. Exam/89/2005 dated 20th march, 2005 issued by the Respondent No. 2 in respect to, change the examination centre subject to the petitioners institution namely Government Post Graduate Degree College Jalesar etah (Annexure S. A. I to the supplementary affidavit)vi. Issue a writ of mandamus commanding the respondents to conduct the examination in i pursuant to the Admission Card issued by respondents as well as the examination centre notified by the respondent No. 2 earlier to hold the examination at Government (P. G.) Degree College jalesar, Etah (Annexure 1 to the writ petition. "
( 4 ) THE writ petition was taken up as fresh matter on 6th April, 2005. On the said date the learned counsel for the Dr. Bheem Rao Ambedkar University, Agra was directed to inform the Court as to under which order the examination centre of the students of the college concerned has been changed from Government Post Degree College Jalesar Etah as is mentioned in the Admit Card of the student of B. A. part-Ill.
( 5 ) LEARNED Counsel for the University has produced before this Court a copy of the notification issued by the Registrar of Dr. Bheem Rao Ambedkar University, Agra dated 20th March, 2005 being Notification No. Exam/89/2005 whereby the examination centre of students both regular as well as private appearing from Government Post Graduate Degree College Jalesar Etah, has been changed and all the students are required to appear from the centre at Pramod mahavidyalay Mehrara, Sadabad, Hathra.
( 6 ) TODAY the said order of the Registrar of the University has been challenged by the learned counsel for the petitioner by adding a prayers in the writ petition.
( 7 ) ON behalf of the petitioner it is contended that the examination centre of the students was altered on the basis of allegations of mass-copying on the basis of a report submitted by one Dr. Meena Srivastava, who is the lecturer of the institution dated 19th March, 2005. According to the petitioner the said letter was obtained by force from Dr. Meena Srivastava and therefore, there is no basis for changing the examination centre of the students of the college concerned. It is further submitted that there are eight other examination centres where mass-copying has been found by the Flying Squad of the University. Therefore, the order passed by the Registrar of the university dated 20 M
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.