Vimlesh Kumar [P. I. L. ] v. State of U. P. Thru. Prin. Secy. ,Secondary Education
2015-11-19
ANANT KUMAR, DINESH MAHESHWARI
body2015
DigiLaw.ai
JUDGMENT The petitioner, said to be a social worker, seeks to maintain the present one as a Public Interest Litigation (PIL) purportedly on the cause of holding of High School and Intermediate Board Examinations, 2016 in a fair and transparent manner and has prayed for the following reliefs: - "(I) issue a writ order or direction in the nature of mandamus commanding the opposite parties to fix examination centres for holding the High School and Intermediate Board Examination, 2016 conducted by the Secondary Education Board, U.P. Allahabad through online centre allotment procedure at Board Headquarter at Allahabad and role of District Level Committee and Zonal Level Committee be minimized. (II) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to allow the debarred institutions to set as an examination centres for holding the High School and Board Examination, 2016 conducted by the Secondary Education Board, U.P. Allahabad and further take strict action against the officers, who are involved in recommending the names of such debarred institution for setting them as examination centres. (III) issue a writ, order or direction in the nature of further mandamus commanding the opposite parties No.1 and 2 to instal the CC TV cameras at examination centres as well as answer sheet collection centres throughout the State of Uttar Pradesh including District Hardoi for smooth conduction of High School and Board Examination, 2016. (IV) issue any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. (V) award the costs of the writ petition in favour of the petitioner." 2. In the first place, learned counsel for the petitioner contended that there had been several centres in district Hardoi that have been debarred to be set up as examination centres for various illegalities and irregularities committed in the past; and urged that the respondents may be restrained from allowing the debarred institutions to be set up as examination centres for the forthcoming examination. 3. We have queried the learned counsel for the petitioner in this regard if the list of centres has been finalized and if any debarred institution is included therein? In response, it is submitted that the list is to be finalized today, i.e., 19.11.2015 in terms of the programme notified by the Government on 14.10.2015 (Annexure - 1). 4.
3. We have queried the learned counsel for the petitioner in this regard if the list of centres has been finalized and if any debarred institution is included therein? In response, it is submitted that the list is to be finalized today, i.e., 19.11.2015 in terms of the programme notified by the Government on 14.10.2015 (Annexure - 1). 4. Noteworthy it is that in the petition, no such institution has been indicated, who is a debarred one and has yet been selected as a centre. Obviously, when the list is yet to be finalized and would be finalized today, this petition as filed on 17.11.2015 in this regard could only be said to be a pre-mature one. 5. The learned counsel then attempted to submit that the respondents may be commanded to instal CCTV cameras at the examination centres as also at the answer sheet collection centres throughout the State for smooth conduct of examinations. In this regard, suffice it to observe that the respondents are supposed to frame and execute the policy for holding of free and transparent examination. As to what steps are to be taken in that regard is essentially a matter for authorities concerned to examine and decide. On the generalized submissions as made in the petition, we find no cogent reason to assume that the authorities would not be attending on all the requirements in accordance with law. The petitioner also appears to have made a representation to the authorities concerned for consideration (Annexure - 4). The petitioner is free to state his viewpoints before the authorities concerned but no case for entertaining the present matter as PIL at this stage is made out. 6. Subject to the observations foregoing, this petition stands dismissed.