ORDER 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. 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 be communicated; (iii) requisite number of special armed forces required for the purpose so as to prevent mass copying; (iv) as the admission cards have already been issued, it should be specified how the students shall be informed of the change of center just on the eve of examination; (v) it has to be kept in mind that as per direction issued by Hon'ble High Court in MCC No. 203/2001, no tent/pandal can be put to accommodate the examinees nor the examinees can be allowed to sit outside the building; It is further mentioned that this process has become necessary to be undertaken in view of the letter of the Government referred to above as "law and order" problem has arisen; explanation was also required if law and order was the real problem why it was not so intimated to Board earlier. 6. The respondent/Board submits that Janta Higher Secondary School, Nawagaon in WP 981/2002, and Shivaji Higher Secondary School, Suti, Rewa in WP 683/2002; both these schools are not recognised; their recognition was cancelled for the session 2002; as a special concession, the students of class Xth and XIIth who are 94 in number of Higher Secondary and 103 in High School have been allowed to appear as private candidates as a special case, only to safeguard the future of the students, a decision has been taken that all the students who have taken instructions in the schools which were unrecognised have to appear from a center fixed at the district headquarter along with other private students. 7. 7. In WP No. 978/2002, Saraswati Higher Secondary School, Teother, the number of students is 122 in High School and 136 in Higher Secondary. 8. In WP No. 1042/2002 Swami Vivekanand Higher Secondary School, Rewa, number of students is 39 in High School and 156 in Higher Secondary. 9. In WP No. 979/2002 Shivaji Higher Secondary School, Suti, Rewa, number of students in High School is 200 and 230 in Higher Secondary School. 10. In WP No. 999/2002 Satya Narayan Higher Secondary School, Surai, Rewa, number of students in High School is 123 and in Higher Secondary School 108. 11. In WP No. 956/2002 Adarsh Bapu Higher Secondary School, Barha, Rewa, number of students in High School is 206 and 158 in Higher Secondary School. 12. All the above five schools in WP Nos. 978, 1042, 979, 999 and 956 of 2002 are the schools in which mass copying was reported on a large scale. Center 32100 was the center for Shivaji Higher Secondary School, Suti and Centre 32088 was the center for all these five schools for the session 2001-2002 where there was mass copying last year; thus, midway through the examinations the center had to be changed. There was report of crowd assembling around the centers and taking aggressive steps in order to facilitate mass copying. It is further contended that this Court took the cognizance in MCC No. 203/2001 and issued guidelines in paragraph 8(q); the Board took a decision to cancel the center and to fix the center at the District Headquarter in town with the direction issued by this Court and in other cases schools were not recognised in the current session; however, students have been allowed to appear as a special case as private candidate. It is further pointed out that in WP 999/2002 Satya Narayan Higher Secondary School, Sarohi, Rewa the forms of 124 students were received; 101 students are from U.P. and most of them have appeared from Allahabad and from other schools of U.P. Now, they are coming to the small village in Rewa for Xth class which makes it that school actually is not imparting the education, but has opened shop for distribution of certificates without actually imparting the education. It is further contended that District Planning Committee decided in W.P. No. 1042, 979, 999, 956 of 2002, that examination should be conducted at Teothar but the recommendation of District Planning Committee was not in accordance with the direction issued by this Court in MCC No. 203/2001; considering the directions issued by this Court they were shifted to District Headquarter. It is further pointed out that the petitioners were aware of fixation of centers at District Headquarter from the month of January, 2002 yet chose to remain silent and have approached this Court belatedly when the examinations are to start in two days time and Collector has failed to give any assurance with respect to prevention of mass copying. Teothar tahsil is having only two Government schools; Boys Higher Secondary School and Girls Higher Secondary School where examination can be conducted; the seating capacity of Boys Higher Secondary School is 1000 and Girls Higher Secondary School is 550; already 459 High School students and 679 Higher Secondary students, and 419 High School students and 233 Higher Secondary students are appearing from these centers. According to the State Government directions, the Board is giving preference to the Girls schools which have been given the center at a larger distance from the place of their school. 13. This Court in MCC No. 203/2001 in para 8 formulated certain guidelines to be followed from the academic sessions 2001-02; following directions which are relevant for the purpose of present petitions were issued:- 8(k) There shall be no arrangement by putting a "Shamiyana" as by this arrangement natural calamities cannot be avoided. (l) The distance between the School and the Centre in the Tribal Areas would not exceed 15 kms. and in exceptional cases it may be fixed within 20 kms. (m) As far as rural areas are concerned the distance between the centre and the school would not be more than 10 kms. (n) As far as Urban Areas are concerned the distance between the School and the Centre should be within 5 kms. but in any event should not exceed 10 kms. (o) The Board as well as the District Administration will see that a Police Station is situated nearby where the Centre is fixed. (n) As far as Urban Areas are concerned the distance between the School and the Centre should be within 5 kms. but in any event should not exceed 10 kms. (o) The Board as well as the District Administration will see that a Police Station is situated nearby where the Centre is fixed. (p) In case a Police Station is not available the concerned Superintendent of Police of the District shall be apprised of the situation and if he can assure rendering of Police help then only the Centre may be allowed to be opened. (q) If there has been any mass copying in a particular Centre the Board will be at liberty to cancel the Centre for three years and if necessary for a longer period. In case a centre of this nature is cancelled then the District Planning Committee in consultation with the Board would have the liberty to fix a Centre at a distance beyond the prescribed area. (r) The Board has the liberty to identify the sensitive areas on the basis of its past history and in that event Centres shall be fixed either in the Tahsil Area or at the District Headquarter. (y) In case of grave emergency leading to uncontrollable law and order situation the Board as well as the District Administration would have the liberty to change the Centre in the midst of the Examination. However, this has to be done on proper assessment of objective facts and not on subjective notions. 14. It cannot be denied that sanctity of the education system is a paramount consideration and the guidelines were issued by this Court considering the same. At the same time, it is equally true that fixation of the centres has to be made by the Board in such a manner that the education does not become a farce and at the same time the examinees are not deprived of their right to education itself and the condusive atmosphere. The duration of examination is of about three weeks. While fixing the centers at District Headquarter, Board, should have taken into consideration the human problem, problem of "law and order" as pointed out by the State Government in its communication dated 26-2-2002. The duration of examination is of about three weeks. While fixing the centers at District Headquarter, Board, should have taken into consideration the human problem, problem of "law and order" as pointed out by the State Government in its communication dated 26-2-2002. There is duty cast upon the Board and the local administration at all costs to prevent the mass copying but at the same time, it is to be borne in mind that of rural area, fixation of examination centers is not made in such a manner that students may not be able to appear in the examination itself in an effective manner. Centers have to be fixed considering problem of the "law and order" at the nearest possible place. It appears that the State as well as the Board have awakened at a belated stage; State asked the Board two days before examination that it has fixed the centers in improper manner; Board had shifted the burden on administration by writing a letter to the Collector, but the real sufferer is none of them. It is the students who are trying to strive towards excellence who suffer in the process. The Board has asked the Collector as the State has directed the change of centers to Tahsil place from District headquarter; in what conceivable manner the administration would inform the examinees with respect to change in their centers just on the eve of examination. State of affairs is pathetic. It is also true that the petitioners have also approached this Court belatedly in all the petitions. 15. The Board is taking the shelter for fixation of the center at District Headquarter irrespective of distance on the order passed by this Court in MCC 203/2001. The meaning of the direction issued by this Court has not been properly understood by the Board; this Court while laying down the guidelines in para 8(l), 8(m) and 8(n) clearly said that distance has to be within 10 kms in the schools falling in 8(m) and (n) i.e. the rural and urban areas and for school in tribal areas, it would not exceed 15 kms. The directions were clearly in recognition of right to education. Education has to reach to the villages not taken out of the reach of the villages and not to desist the students of the villages from study and undertaking the examination. The directions were clearly in recognition of right to education. Education has to reach to the villages not taken out of the reach of the villages and not to desist the students of the villages from study and undertaking the examination. There may be poorest of poor studying the schools who may not be able to manage their bread and stay at the district headquarter; if a student is deprived of education, it is the negation of right to education itself. For the failure of the Board or administration to manage their affairs properly to prevent mass copying, students have been made to suffer unnecessarily by shifting their centers to the district headquarter. True it is that if mass copying was indulged at a particular center, Board may be justified in cancelling the center as per direction issued by this Court on 29-3-2001, but there is no mandatory direction issued by this Court in the said MCC to fix center at District Headquarter; only liberty has been given in direction issued in para 8(r); that liberty does not mean that Board has to give a total go-by to the convenience of the students. Board has fixed the centers at a district headquarter which is not the only place provided in the direction issued by this Court in para 8(r). The guideline was centers may be fixed in Tahsil/District Head quarter; no attempt was made to fix center at Tahsil. This Court's directions is not mandatory in its terms but was enabling provision requiring application of mind to all circumstances. Liberty does not mean it is unfettered liberty. It appears that the Board has acted in mechanical manner without considering the convenience of students and problem of "law and order" and whether district headquarter's arrangements are proper to cope with such large number of students asked to appear; State has itself intervened in the matter by writing a letter on 26-2-2002; an effort should have been made earlier considering the direction issued by this Court in para 8(r) to strengthen the arrangements of police/special armed forces which may be required to prevent mass copying; staff could have been arranged as the effort is now being made to take the services of higher education department personnels for the purpose of examination, but still when examination is only about 38 hours away, nothing concrete has taken place. There is only exchange of letter between the State of M.P. and Board and Board has written the letter to the Collector. 16. The direction issued in para 8(q) even if a particular center has been cancelled, it does not mean that Board was absolved from its duty to find another center which is conveniently located and staff for the purpose of conduct of examination. No such attempt was, as a matter of fact, made and the Board took the shelter of guidelines issued by this Court; even contrary to the recommendations made by the District Planning Committee though the Board could have very well departed from those recommendations, but it appears that no serious effort was made to find out the locations at the nearest possible place within the distance of 10-15 kms. as prescribed by this Court in direction 8(l), 8(m) and 8(n). 17. It is for the Board and the administration at this juncture when only 38 hours are left to consider what they can do, but the overall action leaves much to desire. So many things were not done which should have been done. No interference is called for by this Court to make the situation worse, particularly when examination is only 38 hours away. This Court refuses to interfere in the matters showing the displeasure in the method and manner in which the entire exercise has been undertaken without taking into consideration the supreme consideration which is the welfare of the students; their right to education and prevailing social circumstances. Let now respondents consider law and order problem keeping in mind the welfare of students in best manner as they can manage. 18. All the writ petitions are disposed of in the manner aforesaid. Cost on parties. 19. C.C. today.