Abhibhavak Sangh Sri Udai Raj Singh Chaudhari Smarak Uchchatar Vidyalaya Kairona, Basti Through its President vs State of U.P.and others

Rakesh Tiwari, J.—This petition has been filed by Abhibhawak Sangh Sri Udai Raj Singh Chaudhari Smarak UchchatarVidyalaya Kairona, Basti through its President, Sri Ram Kedar praying for a writ in the nature of mandamus commanding the respondents to allot examination centre to the students of petitioner institution according to the provisions contained in Government Order dated 5.10.2007.

The Government Order dated 5.10.2007 provides norms for making educational institutions examination centres for High School and Intermediate Examination conducted by Madhyamic Shiksha Parishad, U.P., Allahabad. Clause 8 of the aforesaid Government order provides that examination centre for regular students as far as possible may be provided within 8 kms. radius of the institution where the candidates are studying. It further provides that in case number of the students appearing in the examination is more and if they cannot be accommodated at the'' examination centres within 8 kms. radius of their institution, in that event the examinees may be accommodated at further distance.

Clause 8 & 9 are as under :

From perusal of the aforesaid Government Order, it is apparent in the circumstances enumerated in the G.O., centre can be allotted to the students of any institution even at a greater distance of more than 8 kms.

It is not the contention of the Counsel for the petitioner that any other centre is available within 8 kms. radius. Hence, in my opinion, it is wholly upon the respondent authorities to consider whether their requirements for allotting the examination centres fulfilled or not. The authorities are the best judge in the circumstances and it is for them to allot a examination centre or not to allot or grant status of Swakendra. The Court which has no material before it cannot make comparison between the petitioner institution and other institutions which have been made Examination centres of the Examinations of 2008 conducted by Board of High School and Intermediate Education.

For the reasons stated above, this Court is not inclined to interfere with the policy decision of the Government in respect of allotting examination centres or granting status of Swakendra to any institution.

The Government order dated 5.10.2007 itself clearly provides that where number of the examinees exceeds and it is not possible to accommodate them in the examination centres within 8 kms. radius, examination centres can be allotted to such students beyond 8 kms. radius from their institution.

For the reasons that neither the petitioner has any locus standi nor he is aggrieved by allotment of the examination centres as it is the students who are to appear in the examination and the provisions of the Government order dated 5.10.2007 do not appear to have been violated in any manner, this petition has no force and is accordingly dismissed. No order as to costs.