- (1.) THIS batch of writ petitions have been filed in this Court by and/or on behalf of several educational institutions praying for a direction upon the authorities to make such institutions as examination centres for the High School and Intermediate Examinations-2014 (Academic Session 2013-14) being conducted by the Board of High School and Intermediate Education, Uttar Pradesh (for short, "the Board").
(2.) AS the writ petitions relate to allotment of examination centres and involve almost common grievance and issues are also similar, the same were heard in the form of batch of cases. This petition was treated as lead petition. In other petitions issues regarding girls students, violation of natural justice and absence of reasons have been taken and learned Counsel for the parties have advanced their submissions at length. Those submissions will also be considered in this matter. So far as other petitions relating to allotment of examination centres are concerned, they shall be decided separately by separate orders. At the very outset, I may take notice of the fact that the State Government has issued a Government Order dated 09.10.2013, whereby it has framed a policy laying down the norms/guidelines for allotment of the examination centres for the Board Examinations -2014. Under the said Government Order two separate Committees have been constituted; one is the District Level Committee headed by the District Magistrate of the concerned district, other members of which are concerned District Inspector of Schools, Basic Education Officer, two senior Principals of the concerned District and Sub -Divisional Magistrate of concerned Tehsil; and, the other is the Regional Level Committee chaired by the Commissioner of the Region/Division.
(3.) THE petitioner no. 1 in the instant writ petition is a recognised institution, known as, Sri Sukuru Lal Higher Secondary School Chuha -Peeran Saurai Bujurg Kara, Kaushambi (for short, the "Institution") through its Manager and the petitioner no. 2 is its Principal. Said Institution is governed by the provisions of the U.P. Intermediate Education Act, 1921. The grievance of the petitioners is that the Institution satisfies the norms laid down by the State Government in the Government Order dated 09.10.2013 and it was an examination centre in the years 2005, 2007 and 2009. It has never been debarred from being allocated as an examination centre but without disclosing any reason and without giving any notice, it has been denied self -centre for the Board Examinations -2014 on the ground that some extra OMR forms were issued. It is further stated that allocation of examination centre in the district has been done arbitrarily and illegally as a large number of debarred institutions have been made examination centres. It is further averred in the writ petition that several institutions, even against which either first information reports have been lodged or they have been found indulged in malpractices, have been made examination centres. In some of the centres, re -examinations had been held and they come in the category of debarred institutions, even then the authorities have made them examination centres. The petitioners have mentioned the names of large number of such institutions in the writ petition.;