Sudhir Narain - (1.) THERE is an Institution known as Sri Lal Bahadur Shastri Inter College, Iglas, Aligarh, hareinafter referred to as the college. It is recognized under the provision of the U. P. Intermediate Art, 4921.
(2.) THE U. P. Board of Secondary Education, hereinafter referred to as the Board, established examination centre in the college in 1975 and it was permitted to continue the same every year. In the year 1991 when the examination took place, the envelop of Urdu Ilnd paper of High School examination was opened on 20th April, 1991, when the date fixed for examination was 22nd April, 1991. In the year, 1993 the State Government framed a policy to provide self examination centres to the recognized institutions. A O.O. letter dated 21st December 1993 was issued to all the District Inspector of Schools. The letter provided the guidelines for permitting the colleges to have self examination centre on certain conditions. It, however, provided that those institutions which were either guilty of any misconduct or their examinations were not conducted fairly they may not be provided self examination centres. In the letter dated 21st December, 1993 a list of various institutions were given which were black listed on the ground that in the previous examinations conducted in that centre certain irregularities were committed In conducting the examination. The name of the petitioner was shown as one of the such institutions. The petitioner have challenged this order in this writ petition.
(3.) I have heard the learned counsel for the respondents. The learned counsel for the petitioner urged that it is only the examination committee who can recommend the name for an examination centre in an institution. The Secretary has no power to black list the petitioner's institution. He placed reliance upon Regulation 2 (h) contained in Chapter VI of the Regulations framed under the U. P. Intermediate Education Act, 1921. Regulation 2 (h) reads as under :- "2. Subject to the sanction and control of the Board, it shall be the duty of the Examination Committee :- (h) to make recommendations in regard to the- policy to be adopted for the opening and closing of centres of examination and centres of evaluation ;" The Examination Committee has been empowered only to make recommendation but it has no where provided that the Examination Committee is the only authority to pass a final order in regard to opening and closing of centres of examination. The petitioner has further averred that the Examination Committee has recommended the name of the petitioner for Opening an examination centre. The State Government framed a policy and the policy radicates that only such institutions will be permitted to have the examination centres whose past conduct indicate that it conducted examination fairly. There is nothing wrong with the policy of the Government laying down such conditions.;