Apr - High Court of Judicature at Allahabad

464 INDIAN LAW REPORTS ALLAHABAD SERIES [2011
be declared to be ultra vires the
provisions of Article 14 of the
Constitution of India. The independent
cases relating to such allotments can be
challenged by aggrieved persons and not
by the association. The Government
Orders, which have been issued, are in
consonance with the provisions of 1921
Act and they do not travel beyond the
scope of the powers conferred on the
Board under the aforesaid Act. The
Government Orders do not offend any
public policy. The institutions have no
right to claim that they should function
as centres. The issue relating to
discrimination of not making some of the
institutions as centres cannot lead to the
conclusion that the action of the Board is
arbitrary.
Case law discussed:
2003 (1) ESC 347; 2002 (3) AWC 2271.
(Delivered by Hon'ble A.P. Sahi, J.)
1. The petitioner-association
claiming itself to have been formed for the
interest of the management of secondary
schools recognized under the provisions of
the U.P. Intermediate Education Act, 1921
(hereinafter referred to as the '1921 Act')
has filed this writ petition challenging the
Government Order dated 10th September,
2010 and the amended order dated
12.11.2010 relating to the formation of
centres for holding examinations of the
Board of U.P. High School and
Intermediate Examinations. The claim in
essence is that the State Government has
taken arbitrary decisions on the basis of the
impugned provisions of the Government
Orders which violates the right and equal
treatment to the institutions for operating
as centres.
2. Learned counsel for the petitioner
has relied on certain decisions to advanced
his submissions and he contends that a
judicial review is permissible.
3. The dispute in essence is that the
petitioner-association has stood up for the
cause of self finance institutions and also
such institutions, who want their
institutions to function as self centres, for
the students of Class-X and Class-XII, and
conduct the examinations on behalf of the
Board. This submission is based on the
Government Orders to contend that the
respondents themselves have formulated a
policy to provide self centres particularly
to such institutions which are catering to
the need of female students. The
respondents have violated and
discriminated the provisions as against the
members of the petitioner-association by
either not allotting centres or refusing to
allot centres on arbitrary grounds.
4. Other submissions have been
raised that centres have been sent far away
at a considerable distance, which is also
causing inconvenience to the students and
hence the Government Orders deserve to
be struck down to the extent as prayed for.
5. Having heard learned counsel for
the petitioner and the learned Standing
Counsel, the Board of High School and
Intermediate Examinations is an
autonomous body created under the
provisions of the U.P. Intermediate
Education Act, 1921. Section 7 of the 1921
Act empowers the Board to conduct
examinations for which it is empowered to
do all such other acts and things as may be
requisite in order to further the objects of
the Board for regulating and supervising
the examinations as the act empowers the
Board to do everything essential for the
purpose by necessary implication. It also
empowers the Board to fix examination
centres. A centre has been defined under
Section 2(aa) of 1921 Act as follows: