- (1.) THE present Special Appeal has been filed against the judgment and order dated 17th February, 2011 passed by the learned Single Judge whereby writ petition preferred by the Appellant calling for the record of the proceedings of the Board and quashing the list in so far as it excludes the Appellant's institution from the list of examination centres for the year 2011 for High School and Intermediate examinations conducted by the U.P. Secondary Education Board, Allahabad has been dismissed.
(2.) WE have heard Sri Siddhartha Varma, learned Counsel for the Appellant and perused the impugned judgment and order dated 17th February, 2011 passed by the learned Single Judge, giving rise to the present appeal, grounds taken in the memo of appeal and the documents filed along with it. Sri Siddhartha Varma, learned Counsel for the Appellants submitted that excluding the institution from the list of examination centres cast stigma upon the institution which would adversely affect the career of the students. This submission is wholly misconceived.
(3.) NO institution has a right to claim that it should be appointed as an examination centre. We are in respectfully agreement with the view expressed by a Division Bench of this Court in Special Appeal No. 118 of 2011 when it has been observed that definitely an institution has a right to impart education but right to be an examination centre can not be an available right to the institution. That being the position, we are of the considered opinion that the order passed by the learned Single Judge does not suffer from any legal infirmity. The appeal fails and dismissed in limine.;