- (1.) On 31 October 2012, the Secretary (Secondary Education), Government of Uttar Pradesh issued a Government Order defining the norms for the allotment of examination centres for the year 2013. Clause 1(ka) in the Government Order stipulated that for the examinations for academic year 2013, those institutions which had conducted the Board examinations for 2012 in a peaceful manner, would mandatorily be allotted examination centres. On 9 October 2013, a fresh Government Order has been issued by the Secretary (Secondary Education). Clause 1(ka), as modified, specifies that for academic year 2014, those institutions which had conducted the Board examinations for 2013 in a peaceful manner would ordinarily be allotted examination centres.
(2.) In a challenge to the modification which has been brought out for 2014, the learned Single Judge by the impugned judgement and order dated 12 November 2013 has found no reason to interfere. The learned Single Judge held that it is for the Government to frame a policy and the Court should not normally interfere with a policy decision merely because it feels that another policy would have been fairer or wiser or logical. However, the Court observed that if, in a given case, the discretion is not exercised for good and valid reasons, the matter can be examined but conferment of such power would not be held to be arbitrary as a general proposition.
(3.) Learned counsel appearing on behalf of the appellant submits that as a result of the modification, the District Inspector of Schools is vested with a substantial discretion on whether or not to allot an examination centre for the year 2014 despite the fact that the institution had conducted the examinations for 2013 in a peaceful manner. It has been submitted that there is an apprehension that these powers would be misused for extraneous reasons.;