C/M Sri Bhawani Prasad Shukla ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1520 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- WRIT - C No. - 247 of 2023
 

 
Petitioner :- C/M Sri Bhawani Prasad Shukla Smarak Intermediate College, Gonda Thru. Manager Badri Prasad Shukla
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education, Lko. And Others
 
Counsel for Petitioner :- Ravindra Prakash Ojha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioner and Sri Vinod Kumar Singh,learned Additional Chief Standing Counsel for the State.

Learned counsel for the petitioner has submitted that the last year petitioner's institution had conducted High School and Intermediate Examination but the name of the petitioner's institution has not been included in the present session. He has submitted that without affording any opportunity of hearing, the petitioner's institution has not been included for conducting the High School and Intermediate Examination for the present session.

On asking whether the petitioner has any right to be allotted a centre for conducting the aforesaid examinations, learned counsel for the petitioner is unable to show any rules, regulation for allotment of Centre.

On the other hand, Sri Vinod Kumar Singh, learned Additional Chief Standing Counsel has placed reliance on the .judgment of Division Bench of this Court passed in Public Interest Litigation (PIL) No.58534 of 2011 (Uttar Pradesh Madhyamik Shishak Sangh Vs. State of U.P. and others). The Court has held that this is for the examination body or for educational authorities to decide as to which institution be made as examination centre for holding peaceful and fair examination. He has submitted that in view of the aforesaid facts, the present writ petition is liable to be dismissed.

I have gone through the judgment of Division Bench of this Court cited by learned Additional Chief Standing Counsel. Since the examining body has not taken decision to include the petitioner's institution for conducting the High School and Intermediate Examination , there is no illegality or infirmity in the decision and the petitioner has no right to claim that he should be allotted the examination Centre and his name should be included.

The writ petition is devoid of merits and is dismissed. However, in case any representation is made by the petitioner before the authority concerned, the same shall be considered in accordance with law.

Order Date :- 13.1.2023

Rajneesh JR-PS)