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2014 DIGILAW 493 (AP)

Burri Krishnaiah v. Yogi Vemana University, represented by its Registrar, Kadapa

2014-03-28

A.RAJASHEKER REDDY

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ORDER: This writ petition is filed for a mandamus declaring the action of the respondent University in changing the examination centre from Gurukulam Degree College, Siddavatam to Saraswathi Vidyalayam Degree College, Kadapa for the degree examinations scheduled to be held from 02-04-2014 onwards as arbitrary and illegal. 2. The grievance of the petitioners is that all the petitioners are studying in Gurukulam Degree College, Siddavatam, Kadapa District, which is 25 KMs away from Kadapa and the petitioners belong to Atlur Mandal and Ontimitta Mandal, which is interior and there are no bus facilities and that to reach the main road they need to walk at least 5 to 8 KMs. It is stated that their examinations are scheduled to be commenced on 02-04-2014 from 9.00 A.M. to 12.00 Noon and that till last year same Gurukulam Degree College, Siddavatam, Kadapa District continued to be examination centre and it is suddenly shifted to Kadapa asking to write examinations at Saraswathi Vidyalayam Degree College, Sankarauram, Kadapa, which is again 25 KMs away from Siddavatam and that the petitioners belonged to weaker sections of the society are facing very difficult to reach such a long distance. Aggrieved by the same, the present writ petition has been filed. 3. The 1st respondent-University filed its counter stating that about 74 UG colleges affiliated to the 1st respondent University offering B.A., B.Com and B.Sc. courses and the annual examination for the academic year 2013-2014 is scheduled to 2nd April, 2014 and the total number of students appearing in the ensuing examinations are numbering around 40,000 and with a view to maintain purity of examinations and to avoid malpractices for free and fair conduct of the examinations and improving standards of academics, the University had devised various measures as part of its policy decision. It is stated that for the purpose of fair and smooth conduct of examinations and for effective administrative control over the examination centres, the 1st respondent, after having considered various factors like facilities/infrastructure available at the proposed examination centre, their accessibility and various other inputs from the past experience like complaints of mass copying, exam related malpractices etc., attempts are made to bring in accountability in the ensuing examination system. It is also stated that keeping in view the complaints of mass copying and other exam related malpractices the students from almost from all the colleges except for four colleges were jumbled and their examination centres were allocated to their immediate nearest centres. It is also stated that out of 10 Government colleges in the District, 9 Government colleges all aided colleges numbering 7 in the District and remaining unaided colleges are being considered for examination centres subject to their capacity to accommodate the maximum number of students. It is further stated that the College at Siddavatam is having total student strength of about 140 and the same is situated 22 KMs from Kadapa and the nearest exam entre for the students from said college is Kadapa and that it would be not possible to have examination centres at all the colleges as the same would involve administrative burden on the University and it would be difficult to have proper administrative control to check the irregularities related malpractices and the standards and the University is justified in not allocating exam centres at all the colleges. It is further stated that Kadapa is situated at about 22 KMs from Siddavatam and the allocation/selection of examination centres are being considered based on larger public interest in furtherance of University policy objectives and that Kadapa being District head quarter it is well connected by buses from all parts of the District and that the petitioners have no locus standi to represent the remaining students of their college. It is further stated that the distance between Siddavatam to Kadapa is only 22 KMs and Kadapa is the immediate nearest exam centre for the petitioners. 4. Learned standing counsel for the respondents submits that at the instance of 10 students, the University cannot change the examination centre and that the University has taken a policy decision taking into account the aspects of mass copying and other exam related mal-practices and that for maintenance of discipline and fair play in the conduct of examinations, the University taken such decision, which cannot be interfered with. In support of his contentions, he relied on Controller of Examinations and others v. G.S. Sunder and another, 1993 Supp (3) Supreme Court Cases 82and Ravindra Pal Singh, General Secretary, Student Union, v. State of Uttar Pradesh, 2005 Law Suit (All) 630 . In support of his contentions, he relied on Controller of Examinations and others v. G.S. Sunder and another, 1993 Supp (3) Supreme Court Cases 82and Ravindra Pal Singh, General Secretary, Student Union, v. State of Uttar Pradesh, 2005 Law Suit (All) 630 . He also submits that out of 140 students, nearly 120 students are residing nearby Kadapa city, as such, for the convenience of the petitioners, the examination centre cannot be changed at this stage as the examinations are scheduled to be held from 02-04-2014 and 40,000 students are appearing for examinations. 5. In the instant case, now the grievance of the petitioners is appears to be genuine since they need to walk at least 5 to 8 KMs to reach main road from their villages of Atlur and Ontimitta Mandal and also they have to travel all the way to Siddavatam, Kadapa District, which is another 25 KMs. It is stated by the learned standing counsel for the respondent University that the examinations are scheduled to be held from 02-04-2014 and nearly 140 students are residing nearby Kadapa town and that since the University has taken a policy to shift the examination centres for conducting the examination in fair and proper manner, it is not possible to give any direction for change of examination centre at this stage, more so, in view of the decisions cited by the learned standing counsel for the University. However, the petitioner can make appropriate representation to the respondent University about change of centre for the examination to be conducted in future, which may be considered by the University authorities and no such directions can be given at this distance of time for the ensuing examinations. With the above observation, the writ petition is disposed of. No costs.