BAIRAGI CHARAN PUHAN Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel appearing for the Board of Secondary Education, Orissa, Cuttack.

(2.) THE grievance of the petitioners in this writ petition is that the students of the petitioners -institutions have been allotted with a centre to appear in Prathama and Madhyama examination, about 70 Kms. away from their respective institutions. More than 200 students have appeared from the three petitioners -institutions. According to the learned counsel for the petitioner, a large number of girl students are to appear in the said examination, which is to commence from 27.3.2009.

(3.) LEARNED counsel for the petitioners, on the other hand, drew attention to Clause -1 of the said letter of the Secretary addressed to all the Inspectors of Schools wherein it has been stipulated for the regular candidates of 2009 H.S.C. Examination, schools tagged to a centre should ordinarily be situated within 10 to 20 Kms. distance from the centers. Distance in case of Girls school should be relaxed. Relying upon the aforesaid decision of the Board, learned counsel for the petitioners submits that in the instant case, there has been a violation of the said decision by allotting a centre to the petitioners -institution, which is about 70 Kms. away. Be that as it may, the Board of Secondary Education, Orissa, Cuttack while conducting the examination has primary duty to see that the students should not face any inconvenience in appearing in the said examination. Allotting a centre about 70 Kms. away from the petitioners -institutions, where the students were studying and that too, when the candidates are small children, ex facie shows that the students will face inconvenience in appearing in the said examinations. Though the learned counsel appearing for the Board of Secondary education submits that the decision for allotment of a centre is taken by the District Selection Committee consisting of the Collector, Chairman, Superintendent of Police and the Inspector of Schools, that itself cannot be a ground to immune the decision which appears to be arbitrary.