Sharde Shiksha Prasar Samiti ... vs Union Of India
2022 Latest Caselaw 13613 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            WP No. 23004 of 2022
  (SHARDE SHIKSHA PRASAR SAMITI (RUNNING INSTITUTE IN THE NAME OF PT. NEHRU HIGHER
                SECONDARY SCHOOL BAN Vs UNION OF INDIA AND OTHERS)

Dated : 14-10-2022
      Shri Nitin Agrawal, learned counsel for the petitioner.

      Shri Praveen Nivaskar, learned Assistant Solicitor General appearing on
behalf of Respondent No. 1/ Union of India.

Heard on admission as well as interim relief. Learned counsel for the petitioner has argued that from 17-10-2022

examinations for secondary and Senior Secondary classes are going to be held. For that purpose, National Institute of Open Schooling was required to allot centers for students who are appearing in the aforesaid examination. So far as the petitioner society is concerned, which is running a school registered in the name of Pt. Nehru Higher Secondary School, Banomre, District Morena having its AI Code No.100246 and is having a strength of 70 students appearing in the said examination. All 70 students have been allotted the examination center at Kendriya Vidyalaya, Morena, which is situated at Ambah Road, District Morena, about 40 km. away from study center. It was further argued that the

said allotment of the centers done by NIOS, is not in consonance with the judgment dated 27-02-2022 passed by the Hon'ble Apex Court in the case of Pragya Higher Secondary School Vs. National Institute of Open Schooling and others in Writ Petition (Civil) No.343/2022 wherein certain directions have been issued to NIOS.

14. Keeping in mind the fundamental right to education, coupled with the constitutional right of free and compulsory education of children under the age of fourteen years under Article 21A, as

well as the duties imposed by the Act, 2009 upon all authorities, which takes within its sweep, even NIOS for achieving the constitutional goad, we direct as follows:

a) NIOS should develop and implement criteria with respect to fixation of examination centres that would be accessible from the Accredited Institutions with which the aspirants are connected.

b) NIOS shall endeavor to fix the examination centres, within a distance of 10 kilometers from the Accredited Institutions with which they are connected.

c) While fixing the examination centres, NIOS shall be at liberty to take into account the credibility of the Institution offering to be an examination centre and such other factors as are necessary to ensure integrity of the examination including law and order.

As per the directions issued by the Hon'ble Supreme Court, the NIOS is required to fix the examination center within the distance of 10 kilometers from the Accredited Institutions in which students are studying. Admittedly, the center which has been fixed is at about 40 kilometers away from the study center, and even as per the timings of the examination, which are from 2:30 till 5:30 in the evening, it would be very difficult for the students especially girls to appear in the examination & come back.

The arguments so advanced prima facie appears to be reasonable, therefore, as an interim measure, the respondents are directed to fix the examination center for the 70 students within the vicinity of 10 kilometers from the study center situated at Banmore District, Morena.

Issue notice to the respondents no.2 and 3 on payment of process fee

through RAD mode by 14th October, 2022. In addition humdast notice is permitted to be served to the respondents no.2 and 3. Requisites be deposited by today. Affidavit with regard to service of notice be filed.

Let the copy of this order along with notice be served upon respondents no.2 and 3.

List the matter on 18.10.2022 for further orders. E-copy/Certified copy today.

(MILIND RAMESH PHADKE) JUDGE

Adnan ASHISH PAWAR 2022.10.14 17:54:34 +05'30'