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2008 DIGILAW 54 (ALL)

COMMITTEE OE MANAGEMENT VIJENDRA ADARSH BAL INTER COLLEGE CHAMARI HAPUR GHAZIABAD v. STATE OF U P

2008-01-08

RAKESH TIWARI

body2008
RAKESH TIWARI, J. ( 1 ) HEARD Counsel for the parties and perused the record. ( 2 ) THE petitioner institution was allotted examination centre for the purposes of conducting High School and Intermediate Examinations for the years 2004-2005, 2005-2006 and 2006-2007. However, it has not been made examination centre for the Session 2007-2008. ( 3 ) AGGRIEVED the petitioner has come up in this writ petition praying for issuance of a writ, order or direction in the nature of mandamus directing the respondents to include the petitioner institution Vijendra Adarsh Bal Inter college, Chamri Hapur, District Ghaziabad in the list of institutions of district Ghaziabad allotted/recognized as centres for conducting High School and Intermediate Examination 2007-2008 of Madhyamik Shiksha Parishad, U. P. ( 4 ) THE ground taken in the writ petition is that several institutions which according to the petitioner do not fulfill the conditions of being allotted as the centres for conducting the High School and Intermediate Examination, have been recognized as centres of U. P. Board Examination, 2007-2008 as Mahavir jain Higher Secondary School Kastala is one such college whereas the petitioners institution which fulfills all the conditions and guidelines in the government Order dated 5. 10. 2007 has not been made examination centre and has not been included in the list of approved institutions. ( 5 ) IN short, the petitioner has pleaded discrimination by the State government in allotting the college/institution as centre by the Madhyamik shiksha Parishad, U. P. Allahabad. The act of the Government is further assailed on the ground that the petitioners institution has been made centre for holding High School and Intermediate Examination consecutively for 3 sessions i. e. 2004-2005, 2005-2006 and 2006-2007 and there had never been any complaint against it but it has been de-listed without giving any opportunity of hearing to it. ( 6 ) IT is alleged that the act of the respondents in not including the institution of the petitioner in the list of institutions recognized as centres for conducting u. P. Board examination is arbitrary, illegal and not sustainable in the eye of law for the reason that the State Government cannot adopt the method of pick and choose policy in allotting the centre. ( 7 ) THE examination centres are allotted on the basis of material available with the Madhyamik Shiksha Parishad, U. P. Allahabad and number of candidates required to be accommodated. ( 7 ) THE examination centres are allotted on the basis of material available with the Madhyamik Shiksha Parishad, U. P. Allahabad and number of candidates required to be accommodated. It is the discretion of the authority to allot the examination centre according to the norms. The only rider is that pick and choose policy should not be adppted by the authority while allotting the examination centre. ( 8 ) THE petitioner has alleged that his institution has been discriminated but no material has been brought on record by the petitioner institution to show that it has not been made examination centre for holding examination of High school and Intermediate Examination. Only bald allegations have been made that one Mahavir Jain Higher Secondary School Kastala has been allotted examination centre whereas the petitioners institution which fulfills the necessary conditions has been deprived of the status of examination centre for conducting high School and Intermediate Examination. There is no material before this Court to come to the conclusion that there is any discrimination between the petitioners institution and Mahavir Jain Higher Secondary school Kastala as alleged. ( 9 ) IN so far as, the students of the petitioners institution are concerned, they have been allotted examination centre for appearing in the High School and Intermediate Examination and the petitioner cannot as a matter of right claim that it should be made as examination centre. Mere bald allegations will not substantiate the claim of the petitioner and cannot be taken cognizance thereof. ( 10 ) MERELY because the petitioners institution has been allotted examination centre for some period of time does not vest any legal right. It is upon the authorities to see the requirement of the examination and allot the examination centre to the students for appearing in the U. P. Board Examination. ( 11 ) FOR these reasons, the writ petition is accordingly, dismissed. No order as to costs. Petition Dismissed. .