Punam, Jyoti Maruya and Sushma vs State of U.P. and Others

Rakesh Tiwari, J.—Heard learned Counsel for the parties.

This petition has been filed by three girls student for change of the centre. According to the learned Counsel for the petitioners the centre allotted to them is about 13 k.m. away.

Learned Counsel for the petitioners has relied upon the government order dated 5.10.2007 and that aforesaid government order provides that either Swakendra provided to the girls student or allotted centre nearby.

A perusal of the para 10 of the Government Order shows that if centres are not available, the Board has the discretion to allot the centre even further 5 k.m.

It is not in dispute that the candidates are appearing in the examination conducted by Board of High School and Intermediate UP. which are scheduled to commence practical examination in February and written examination 4th March, 2008. The centres have already been allotted to the petitioner and at this stage the Court cannot permit to change the centre at the instance of three girls student. It may also be noted that since all the centres had already been allotted, the change of centre at the instance of three girls would cause inconvenience to large number of other students who have already been allotted centre and it would be very difficult to inform all other students in time as examinations are to start w.e.f. 3rd March, 2008. Change of examination centres by Courts at eleventh hour would also set up a bad precedent. The change of centre in the last moment would also cause inconvenience to the students, teachers and all concerned, hence it is not possible to permit change of centre at this stage.

Learned Counsel for the petitioner has urged that three girls can be accommodated in some nearby college. In case they file fresh application before the respondents authority they may be directed to consider their fresh application, as 13 k.m. is a big distance for the girls student.

The counsel is reminded that in the present context the girls cannot be said to belong to weaker sex. They cannot be discriminated by gender sex. The are working shoulder to shoulder with men in all walks of life. The students travel to distant places to appear in the competitive examination for interview and for service. The girls are not only studying in far off places from their homes but are living independently and are doing better than men. Even otherwise, 13 k.m. is no distance at all. If three girls students are permitted to appear in the examination in another school undoubtedly, the Board office will face problem and a pendpra''s box will be opened for allotment of centres by means of filing writ petition. It is for the educational authorities to allot centres to the students on basis of material before them and not for the Court to issue a direction in this regard merely on basis of averments. This argument of petitioner therefore cannot be sustained.

The writ petition is accordingly, dismissed.