SAIYED MUNIR ALI AHMEDMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are parents of students who are to appear at Std. X or XII examinations, which are to be conducted by respondent No. 4 Board on and from 18.4.2002. It has been submitted by the petitioners that on account of communal disturbances prevailing in the State of Gujarat, it might not be safe for their children to attend the examination centres notified by the respondent Board and the minority community students should be given an option to appear at centers which are situated in a locality which is predominantly occupied by the minority community.

(2.) It has been submitted by learned advocate Dr. Mukul Sinha appearing for the petitioners that initially the Board was to conduct the examinations on 18th March 2002 but on account of disturbances prevailing in the State, the examinations had been postponed and they are now to commence from 18.4.202. It has been submitted by him that formerly, when the examinations were to be held on 18.3.2002, the examination centres were different. Details of the said centres have been given in Para 10(D) of the petition. It has been submitted that now the said examination centres have been changed and details of new centres have been given in Para 6(A) of the petition. According to him, the locality wherein the new examination centres are situated are not predominantly occupied by minority community and therefore children of the petitioners, who belong to minority community, would not find it safe to go to those centres and therefore the children of the petitioners should be given an option so as to enable them to appear at the examination centres which were selected earlier or at the centres which have been selected now. It has been further submitted by him that there was no justifiable reason for changing the examination centres. It has been also submitted by him that a representation was made by the petitioners to respondent No. 2-District Education Officer, Baroda, for changing the centres so that there may not be any sense of insecurity among the students while going to distant places for appearing at the examinations but the said representation dated 9.4.2002 has not been entertained by respondent No. 2.

(3.) It has been submitted by him that looking to the law laid down by the Hon'ble Supreme Court in the case of Dalmia Cement (Bharat) and Anr. v. Union of India and Ors., 1996(10) SCC 104, it is the duty of the Government authorities to give sufficient protection to the minorities and therefore also the respondent authorities should give an option to the children of the petitioners to appear either at the centres which were selected earlier or at the centres selected now.