Rajasthan High Court - Jodhpur
Vivekanand Vidhya Vihar Senior ... vs National Institute Of Opening School ... on 21 October, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:43135] (1 of 3) [CW-17415/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17415/2024
Vivekanand Vidhya Vihar Senior Secondary School, Choukhla
Road, Barodiya, Banswara, Through Vice Principal Neki Ram Son
Of Birdu Ram Jat, Aged About 38 Years, Resident Of Dhani
Jatrana Wali, Lakhni, Sikar (Raj.).
----Petitioner
Versus
1. National Institute Of Opening School, A-24/25, Noida
Sector-62, Gautam Budh Nagar, Uttar Pradesh. 201309
Through Secretary.
2. National Institute Of Open Schooling Regional Centre,
Jaipur, Shri Krishnam, 5-6M Padmawati Colony-I, (Near
Mansarovar Metro Station), Kings Road, Nirman Nagar,
Jaipur. 302019.
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
Mr. Pritam Joshi
For Respondent(s) : ---
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/10/2024
By way of filing the present writ petition the petitioner has
prayed for the following reliefs.:-
"....a) By Appropriate writ, order or directions in
the nature thereof the respondents may kindly be
directed fix the examination centres for petitioner's
institution students at a reasonable distance from their
study centres, referred to as Accredited Institution
(AI);
b) Further may kindly be directed to respondents
NIOS to evolve a policy of distance criteria while fixing
the examination centres for the public examination
conducted by NIOS...."
[2024:RJ-JD:43135] (2 of 3) [CW-17415/2024]
Learned counsel for the petitioner submitted that the
respondents authorities in contravention to the judgment of
Hon'ble Supreme Court in the case of Pragya Higher Secondary
School Vs. National Institute of Open schooling (NIOS) & Ors.:
Writ Petition (Civil) No.343/2022, decided on 27.05.2022 have
allotted examination centre to the students of the petitioner-
institution at a distance of more than 10 kilometers. Learned
counsel for the petitioner submitted that action of the respondents
being in contravention to the judgment passed by the Hon'ble
Supreme Court of India in the case of "Pragya Higher Secondary
School" (supra) deserves to be declared illegal by this Court.
Learned counsel for the petitioner has also placed reliance on
an interim order passed by the co-ordinate Bench of this Court on
05.04.2024 wherein the respondents were directed to change the
examination centre of the students of the petitioner-institution for
the purpose of appearing in the Secondary and Senior Secondary
Examination-2024.
Heard learned counsel for the petitioner.
Having gone through the material available on record this
Court prima facie finds that the present writ petition has been filed
by the education institution and not by the students who might be
having any grievances with regard to allotment of examination
centre by the respondents. The petitioner which is an Education
Institution cannot maintain the present writ petition as none of the
legal/fundamental rights of the petitioner-institution has been
infringed by the respondents.
On a careful perusal of the judgment passed by the Hon'ble
Supreme Court of India in the case of "Pragya Higher Secondary
[2024:RJ-JD:43135] (3 of 3) [CW-17415/2024]
School (supra) this Court further finds that a direction has been
issued by the Hon'ble Supreme Court in the aforesaid case to the
respondents to make every possible endeavour to fix the
examination centre, within a distance of 10 kilometers for the
accredited institutions with which they have connected. The
findings recorded by the Supreme Court of India in the case of
"Pragya Higher Secondary School (supra) thus indicate that the
said direction is required to be followed as far as possible by the
respondents and not in the every case is the examination centre is
required to be fixed at a distance within 10 kilometers from the
accredited institution. The Examination Centre at a distance of
more than 10 kilometers from the accredated institution can be
fixed in public interest or in administrative excigencies.
In view of the aforesaid discussion the present writ petition
is disposed of.
(KULDEEP MATHUR),J
531-Hanuman/-
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