- (1.) The Petitioner-association claiming itself to have been formed for the interest of the management of secondary schools recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the '1921 Act') has filed this writ petition challenging the Government Order dated 10th September, 2010 and the amended order dated 12.11.2010 relating to the formation of centres for holding examinations of the Board of U.P. High School and Intermediate Examinations. The claim in essence is that the State Government has taken arbitrary decisions on the basis of the impugned provisions of the Government Orders which violates the right and equal treatment to the institutions for operating as centres.
(2.) Learned Counsel for the Petitioner has relied on certain decisions to advanced his submissions and he contends that a judicial review is permissible.
(3.) The dispute in essence is that the Petitioner-association has stood up for the cause of self finance institutions and also such institutions, who want their institutions to function as self centres, for the students of Class-X and Class-XII, and conduct the examinations on behalf of the Board. This submission is based on the Government Orders to contend that the Respondents themselves have formulated a policy to provide self centres particularly to such institutions which are catering to the need of female students. The Respondents have violated and discriminated the provisions as against the members of the Petitioner-association by either not allotting centres or refusing to allot centres on arbitrary grounds.;