JAGAMOHAN HIGHER SECONDARY SCHOOL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This batch of writ application filed on behalf of different Higher Secondary Schools and + 2 Colleges through their respective Secretaries is directed against the decision of the Council of Higher Secondary Education, Orissa, Bhubaneswar published in the daily newspaper "The Samaya" dated 22-1-1998 (Annexure 3) prescribing certain norms for location of examination centres to conduct the Annual Higher Secondary Education Examination, 1998. Out of several criteria fixed for the purpose, the petitioners feel aggrieved at one condition only which provides that such of the educational institutions which have been established by 1993-94 with the permission of the Government would be selected as examination centres. All the cases being analogous have been heard together and are disposed of by this common judgment. For the sake of convenience, the parties as described in O.J.C. No. 1307 of 1998 and their pleadings in that case are referred to hereinafter.

(2.) In O.J.C. No. 1307 of 1998, eight different educational institutions are petitioners. In O.J.C. No. 2154 of 1998, Bhagabati Women's College at Manijanga and Maba Balunkeswar College, Khuntapali are two petitioners. In each of the remaining five writ applications (O.J.C. Nos. 1458, 1694, 2154, 2316 and 2805 of 1998), individual educational institution is the lone petitioner.

(3.) The common grievance of the petitioners is that each of their own colleges has been established as per the procedure and has also got due recognition from the educational authorities. Their infrastructures are very good. They have also got adequate staff. In the academic years 1994-95 and 1995-96 the petitioners' institutions were selected as examination centres in which the students appeared in the Annual Examinations. There was no adverse reports against any of the colleges where such examinations were held. All of a sudden during the last academic year 1996-97, the Council of Higher Secondary Education, Orissa (hereinafter referred to as 'the Council') took decision (which was published in the daily "The Sambad" dated 22-1-1997 at Annexure 2) prescribing certain criteria for having examination centres, one of them being that those institutions which have been established by virtue of permission granted by the State Government by 1993-94 would alone be qualified as examination centres. As a result of such condition, petitioners' institutions having even established after 1993-94 were not selected as examination centres and on the contrary, they were tagged to other examination centres located in other colleges. The petitioners raised their grievance and approached the Chairman of the Council who told them that it was not possible to change examination centres as the time was too short. He however assured the petitioners that their cases would be duly considered for the next Annual Examination. The petitioners were expecting that for the current academic year 1997-98 their colleges would be declared as examination centres but surprisingly, the Council stuck to its previous decision as per the impugned press note at Annexure 3 and reiterated the very condition that such of the educational institutions which have been established with the permission of the Government by 1993-94 would alone be qualified as the examination centres. The allegation of the petitioners is that by the impugned condition their own students are deprived of having their examination centres in their own colleges and they have been tagged to other colleges and by such arbitrary action, the students of the petitioners' colleges will have to travel about 20 to 35 K.Ms. to take their examination at the ear-marked examination centres. By this, the examinees will face a lot of difficulties which would ultimately affect their performance.