Judgment:
M.M. Das, J.
1. Heard learned Counsel for the petitioner and the learned Counsel appearing for the Board of Secondary Education, Orissa, Cuttack.
2. The grievance of the petitioners in this writ petition is that the students of the petitioners-institutions have been allotted with a centre to appear in Prathama and Madhyama examination, about 70 Kms. away from their respective institutions. More than 200 students have appeared from the three petitioners-institutions.
3. According to the learned Counsel for the petitioner, a large number of girl students are to appear in the said examination, which is to commence from 27.3.2009.
4. It is stated by the learned Counsel appearing for the Board of Secondary Education, Orissa, Cuttack that a centre has been allotted pursuant to the decision of the Board, which was communicated to all the Inspector of Schools of the Stale in which a decision was taken that in respect of Prathama and Madhyama Sanskrit students, they shall be accommodated in a centre of the Government School only preferably located in the District and Sub-Divisional Headquarters and accordingly, the students of the petitioners-institutions have been allotted with a centre in Bhadrak Town, which is both Sub-Divisional and District Headquarters.
5. Learned counsel for the petitioners, on the other hand, drew attention to Clause-1 of the said letter of the Secretary addressed to all the Inspectors of Schools wherein it has been stipulated for the regular candidates of 2009 H.S.C. Examination, schools tagged to a centre should ordinarily be situated within 10 to 20 Kms. distance from the centers. Distance in case of Girl's school should be relaxed.
6. Relying upon the aforesaid decision of the Board, learned Counsel for the petitioners submits that in the instant case, there has been a violation of the said decision by allotting a centre to the petitioners-institution, which is about 70 Kms. away.
7. Be that as it may, the Board of Secondary Education, Orissa, Cuttack while conducting the examination has primary duty to see that the students should not face any inconvenience in appearing in the said examination. Allotting a centre about 70 Kms. away from the petitioners-institutions, where the students were studying and that too, when the candidates are small children, ex facie shows that the students will face inconvenience in appearing in the said examinations. Though the learned Counsel appearing for the Board of Secondary education submite that the decision for allotment of a centre is taken by the District Selection Committee consisting of the Collector, Chairman, Superintendent of Police and the Inspector of Schools, that itself cannot be i ground to immune the decision which appears to be arbitrary.
8. In view of the above, in the instant case, I find that the students of the petitioners-institutions in order to appear in Prathama and Madhyama Examination, 2009, which is to commence from 27.3.2009, will be subjected to hardship in travelling for more than 70 Kms. from their respective institutions to appear in the examination. I, therefore, direct that on production of the certified copy of this order before the Secretary, Board of Secondary Education, Orissa, Cuttack by any of the petitioners, the Secretary shall immediately pass necessary orders to transmit the required number of question papers, answer scripts and other examination materials, which have already been sent to the centre allotted to the petitioners-institutions, to a centre within 20 Kms. from the petitioners-institutions and the students of the petitioners-institutions shall be issued with admit cards with necessary correction to appear in such centre which is to be allotted pursuant to this order. This shall be done, if the certified copy of this order is presented before the Secretary, Board of Secondary Education, Orissa, Cuttack by forenoon tomorrow (25.3.2009).
9. With the aforesaid observations and directions, the writ petition is disposed of.
10. Urgent certified copy of this order be granted in course of the day on proper application.
11. A copy of this order be handed over to the learned Counsel appearing for the Board of Secondary Education, Orissa Cuttack.