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Anil Kumar Pal And Another v. Secretary Madhyamik Shiksha Parishad U.P. At Allahabad & Ors - WRIT - C No. 19928 of 2006 [2006] RD-AH 7502 (10 April 2006)


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Court No. 7

          Civil Misc. Writ Petition No. 19928 Of 2006

                         Anil Kumar Pal and another        Vs.  Secretary Madhyamik Shiksha

                                                                                      Parishad U.P. Allahabad and others

Hon'ble Rakesh Tiwari, J.

          Heard counsel for the parties and perused the record.

This writ petition has been filed for quashing the impugned order dated 28.3.2006 passed by District Inspector of Schools, Kaushambi.

The petitioners are the regular students of High School from Sri Suraj Pal Inter College   Ajhua,  Kaushambi and Sri Gulab Singh Uchatar Madhyamik Vidyalaya Koreo, Alipurjeeta Kaushambi.

It appears from the record that D.I.O.S. Kaushambi vide order dated 28.3.2006 has cancelled the examination of first paper of Mathematics of a large number of students including the petitioners Institution. It has been directed that re-examination of the aforesaid paper be held on 12.4.2006 in Krasthwet Girls Inter College and Kanhaiya Shiv Charan Inter College, Allahabad .

The counsel for the petitioners submits that no opportunity of hearing was afforded to the petitioners before changing the centres and nothing has been recovered from the possession of the petitioners nor the Flying Squad or any authority has got hold nothing en mass copying etc.  He further submits that the impugned order dated 28.3.2006 is illegal, arbitrary and without any basis, hence the same is liable to be quashed by this Court.  He further submits that on account of change of examination centres the petitioners are facing much inconvenience and difficulty.

The counsel for the respondents submits that there is no illegality or infirmity in the impugned order as in the entire district of Kaushambi mass copying of Math Ist paper has been done and the examination centres of the petitioners have rightly been changed.

From perusal of the impugned order dated 28.3.2006 I find that there is no illegality or infirmity in it. The examination centre has been cancelled on the report of mass copying  by the D.I.O.S. The authority is the best Judge as to which college is to be allotted examination centre or not.

For the reasons stated above no interference is required by this Court under Article 226 of the Constitution of India.   If the Court interferes in such matters at this stage there may be chaos as only the petitioners would be knowing the orders and all the other candidates who already have information regarding change of centre would suffer, as they would be reporting at the changed centre. It is therefore, not practicable to interfere in the matter now at this belated stage particularly when the re-examination of Math Ist paper is scheduled to be held 12.4.2006 on ground of inconvenience to the petitioners.

             The writ petition is accordingly dismissed. No order as to costs.

Dated 10.4.2006



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