The central legal point established in the judgment is the paramount consideration of the sanctity of the education system and the right to education, as well as the importance of considering the welfare of students and prevailing social circumstances in determining examination center locations.

Arun Mishra, J.

1. In these writ petitions, the petitioners are seeking the relief for conduct of examination at a reasonable distant place. In most of the cases, the centers have been fixed for the students at about 100 kms.; in some of the cases the distance is about 20-25 kms.

2. The case of the petitioners is that most of the schools of which the centers have been fixed at distant places at District Headquarter at Rewa; villages are far flung and interior villages, and the respondent/Board has fixed the examination center at Rewa bus travel from one side is 4 to 5 hours, it would not be possible for most of the students to attend the examination which has to commence for three weeks. It is also submitted that the action of the respondent/Board has the effect of defeating right of education itself. The examination opportunity has to be afforded at such a place which is within the reasonable distance which distance can be covered by the students in reasonable time on the day of examination. It is also submitted that all the students cannot stay at Rewa; large number of students are girls; they shall also be harassed in the process and it would be difficult for the examinees to manage for the stay at Rewa; during the course of examination the higher secondary examination is to commence from 1st and to conclude on 23rd of March; the examination of high school is to commence from 2nd of March and to conclude on 21-3-2002. Long stay for the students at Rewa shall pose various difficulties of residence and shall also create problem in their proper studies. The action of the Board is arbitrary, illegal and unduly interferes with the right to obtain education itself which is fundamental right and is deeply connected with the right to life itself as it is the education which makes the quality of life.

3. On behalf of the Board of Secondary Education, M.P. written submissions have been filed in which it is contended that Board examination of class Xth and XIIth are starting from 1st and 2nd March; all arrangements have been completed in relation to fixation of centers; admission cards have been issued to all the educational institutions recognised by the Board at the end of January, 2002. Question papers have been sent to all the centers in advance and are in safe custody of the nearest police station to the centers. They have been sent in the bundle for the concerned center which has been fixed for the examinees; number of examinees have been considered while preparing the bundles of answer sheets as well as question papers.

4. A letter has been produced by the Board issued by the State Government in which following directions have been issued on 26th March, 2002:-

(i) From the district headquarters the centers should be shifted to the tehsil headquarters duly considering the directions issued by Hon'ble High Court on 29-3-2001;

(ii) If it is not possible to manage invigilators by school education department employees, the arrangement should be done through the lecturers of higher education department;

(iii) Sufficient police arrangements should be made at the new examination center.

5. Pursuant to the directions issued by the State Government, Secretary, Board of Secondary Education, M.P. Bhopal had written a letter to Collector District, Rewa on 26th February, 2002 itself which has also been produced by Shri H.S. Gangwani, Divisional Officer appearing for on behalf of Board. Information has been sought from the Collector District Rewa to the following effect:-

(i) that only two days remains in commencement of the examination as such how many students can be accommodated at a particular new proposed center should be specified; while sending the proposal the capacity, availability of the police and the distance from the schools in which the center is proposed should also be specified;

(ii) the District Administration has to undertake that they shall not allow mass copying and the name of invigilators of higher education department should