Research › Search › Judgment

Madhya Pradesh High Court · body

2007 DIGILAW 275 (MP)

Sujan v. Board of Secondary Education

2007-03-08

SHANTANU KEMKAR

body2007
ORDER 1. Heard. By filing this petition under Article 226/227 of the Constitution of India, the petitioners have challenged the decision by which the Board of Secondary Education, M.P. (for short 'Board') has fixed the examination centre of Government Higher Secondary School, Singod, Tehsil and District Jabalpur to Government Jawahar Lal Nehru Government Higher Secondary School, Indrana, Tehsil Majholi, District Jabalpur. 2. The petitioners are students of Class X and Class XII respectively and are prosecuting their studies in the Government Higher Secondary School, Singod, Tehsil and District Jabalpur. According to them the said school at Singod was examination centre declared by the Board since last 20 years. For the examination to be held from 12.3.2007 they received admit card on 22.2.2007. On the basis of the said admit card they came to know that their examination centre has been fixed at Government Jawahar Lal Nehru Government Higher Secondary School, Indrana, Tehsil Majholi District J abalpur instead of Government Higher Secondary School, Singod. Feeling aggrieved by the aforesaid fixation of centre at Indrana the petitioners have filed this petition. The petitioners contend that the fixation of examination centre at Indrana is arbitrary and contrary to the guidelines (Annexure P-3) framed by the Board for the purposes of fixation of the examination centre. They contend that the distance between Government Higher Secondary School, Singod to Indrana where the centre has been fixed is more than 20 kms and there is no conveyance for going from Singod to Indrana, in the circumstances, the Board's decision in regard to the fixation of centre at Indrana be quashed and the Board be directed to conduct the examination of the students of Government Higher Secondary School, Singod at Singod. 3. The first respondent/Board stated that the decision of fixing the examination centre has been taken by the District Planning Committee. The said decision has been taken after getting requisite information from the District Collector and the District Education Officer as per the guidelines. The Board has denied the petitioners contention that the distance between Singod to Indrana is 20 kms. It has been stated by the board that the distance from Singod to Indrana is only 10 kms. The said decision has been taken after getting requisite information from the District Collector and the District Education Officer as per the guidelines. The Board has denied the petitioners contention that the distance between Singod to Indrana is 20 kms. It has been stated by the board that the distance from Singod to Indrana is only 10 kms. It is further stated that the Principal of Government Higher Secondary School, Singod vide Annexure R-l has also informed the Board that the distance from Government Higher Secondary School, Singod to Government Higher Secondary School, Indrana is 10 kms. In regard to the distance certificates filed by the petitioners which have been issued by the Sarpanchas of various Gram Panchayats, it has been stated by the Board that the aforesaid certificates issued by the Sarpanchas of the Gram Panchayats cannot be reliable piece of evidence more particularly having regard to the variations about the distance in each certificate. 4. As regard distance certificate (Annexure P-4) issued by the Additional Tehsildar, Panagar, the contention of the Board is that even in the said certificate, the distance between the two villages has been shown to be 11 kms and not 20 kms as stated by the petitioners. Thus, on the basis of this certificate also the petitioners contention that the distance between the two villages is 20 kms cannot be accepted. 5. The first respondent/Board contends that now at this fag end, when the examination are scheduled from 12th March, 2007, no interference in this petition is called for. The first respondent further contends that if at this stage, any interference is ordered it would become extremely difficult for the Board to change the examination centre as the Board not only has dispatched the question papers and answer sheets at respective examination centres but the staff and the deployment of requisite police force have also been already ordered to proceed at their respective examination centres. 6. Having heard the learned counsel for the parties and after perusal of the documents filed alongwith the petition and the return of the first respondent, I find no case for interference is made out at this stage. Admittedly, the examination are scheduled from 12th March, 2007. The decision to hold the examination at Indrana in place of Singod which was examination centre in the earlier years has been taken by the District Planning Committee. Admittedly, the examination are scheduled from 12th March, 2007. The decision to hold the examination at Indrana in place of Singod which was examination centre in the earlier years has been taken by the District Planning Committee. No malafide has been alleged in taking the aforesaid decision. This being a policy decision cannot be interfered into by this Court in the absence of any arbitrariness or mala fide in it. 7. Even from the distance certificate (Annexure P-4) filed by the petitioners, the distance between Singod to Indrana is 11 kms. The guidelines provide the distance between the Centre and the School should be not more than 10 kms. No doubt the guidelines are to be adhered into. However, in the absence of any reliable evidence about distance between two places no case for interference at this fag end is made out. In my considered view any interference at this stage will create a great inconvenience to the Board in conducting the examination. It may also create inconvenience to other students of the school who may not be well informed about the fixing of examination centre at different place than which has been mentioned in their admit cards. 8. In view of the aforesaid, the petition is dismissed. No orders as to costs.