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Rajasthan High Court · body

2022 DIGILAW 671 (RAJ)

Ramniwas v. Board Of Technical Education

2022-02-24

DINESH MEHTA

body2022
JUDGMENT Dinesh Mehta, J. - The petitioners have approached this Court with a grievance that the respondent No. 1 has abruptly changed the examination centre. 2. The petitioners are pursuing their Polytechnic Course in respondent No. 2-Institution at Phalodi. 3. It is the case of the petitioners that in the preceding years, the examinations of Polytechnic Course were held in respondent No. 2-Institution itself at Phalodi and even this year the respondent-Board had earlier kept a centre at Phalodi and respondent No. 2, the Principal of the college was asked to install video camera, etc. and abruptly vide order dated 16.02.2022, it has been decided that examination shall not be held in the Colleges; Local Colleges or even Government ITI. 4. Highlighting petitioners’ grievance, learned counsel argued that the ensuing examinations, which are scheduled to take place from 02.03.2022, shall be held in Government Polytechnic College, Jodhpur and all the petitioners will have to undertake atleast 3 hours long journey from Phalodi to Jodhpur for appearing in the examination which will be held on 02.03.2022; 04.03.2022; 07.03.2022; 09.03.2022. 5. It was also argued that there will be 5 examinations in all and for all such examinations, petitioners and other students pursuing Polytechnic Course at Phalodi will have to come all the way to Jodhpur, which is about 140 kilometers. He added that it will not only create unwarranted financial burden and inconvenience but would also affect their studies. 6. Mr. Pareek, learned Government Counsel appearing for the respondents submitted that the decision to hold exams at Government Polytechnic colleges has been taken in order to avoid cheating/copying and also to ensure that the examinations are held as scheduled. 7. It was also pointed out by Mr. Pareek that it is not for the first time that the students of Polytechnic College, Phalodi are required to come to Jodhpur for the examinations; even in previous years, the students of Polytechnic College at Phalodi had come to Jodhpur centre for appearing in the examinations. 8. Apart from the above submissions, Mr. Pareek informed that all the preparations of the examinations have been done, papers and copies, etc, have been sent to the respective centres and at the eleventh hour, even if so directed, the respondents will not be in a position to hold the examinations in respondent No. 2-Institution or any other Government college/centre at Phalodi. 9. Pareek informed that all the preparations of the examinations have been done, papers and copies, etc, have been sent to the respective centres and at the eleventh hour, even if so directed, the respondents will not be in a position to hold the examinations in respondent No. 2-Institution or any other Government college/centre at Phalodi. 9. Having regard to the submissions made at bar, this Court is of the view that since the examinations are forthcoming (02.03.2022), no direction, even if thought necessary, to change the centre can be issued. 10. This Court is of the view that decision as to where the examination centres will be fixed has to be taken by the examining body/State Government or the competent authority. 11. But at the same time, the responsible agency cannot be oblivious of the hardship and inconvenience faced by the petitioners and students of various Institutions, which are imparting Polytechnic Course at different places. 12. It has been the State’s policy to open and permit Institutions at different places so as to offer all kinds of specialised courses, including Polytechnic Course. Then, one fails to apprehend if the Colleges are permitted to be established in each nook and corner of the State under the supervision and control of the respondent No. 1-Board of Technical Education, why examinations cannot be held at the places, where the Institutions are operating? 13. According to this Court, it is not always necessary that the examination centres be kept in the Institutions where the petitioners are undertaking their courses. There is no dearth of government institutions; colleges and High Schools, etc., in and around such towns. 14. This Court realises the difficulties being faced by the petitioners in undertaking 3 hours’ to and fro journey for taking the examination. This Court hopes that respondent No. 2 will also try to look from students perspective. 15. The Board of Technical Education, in future, should explore possibility/feasibility of conducting examination in and around the places, where these Colleges are functioning to ward off hardship due to commutation. 16. While not interfering in the present examinations, it is expected of the respondent No. 1, to ensure that in future, requisite arrangements are made well in advance to ensure that least inconvenience is caused to the students. 17. Writ petition, so also the stay application, stands disposed of accordingly.