ABHIBHAVAK SANGH SRI UDAI RAJ SINGH CHAUDHARI SMARAK UCHCHATAR VIDYALAYA KAIRONA BASTI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed by Abhibhawak Sangh Sri Udai Raj Singh Chaudhari Smarak UchchatarVidyalaya Kairona, Basti through its President, Sri Ram Kedar praying for a writ in the nature of man ­damus commanding the respondents to allot examination centre to the students of petitioner institution according to the provisions contained in Government Order dated 5.10.2007.

(2.) THE Government Order dated 5.10.2007 provides norms for making edu ­cational institutions examination centres for High School and Intermediate Examination conducted by Madhyamic Shiksha Parishad, U.P., Allahabad. Clause 8 of the aforesaid Government order provides that examination centre for regular students as far as possible may be provided within 8 kms. radius of the institution where the candidates are studying. It further provides that in case number of the students appearing in the examination is more and if they cannot be accommodated at the' examination centres within 8 kms. radius of their institution, in that event the examinees may be accommodated at further distance. Clause 8 & 9 are as under : @Hindi

(3.) IT is not the contention of the Counsel for the petitioner that any other centre is available within 8 kms. radius. Hence, in my opinion, it is wholly upon the respondent authorities to consider whether their requirements for al ­lotting the examination centres fulfilled or not. The authorities are the best judge in the circumstances and it is for them to allot a examination centre or not to allot or grant status of Swakendra. The Court which has no material before it cannot make comparison between the petitioner institution and other institu ­tions which have been made Examination centres of the Examinations of 2008 conducted by Board of High School and Intermediate Education.