Kedar Nath Singh Gautam Vs. Secretary, Board of High School and Intermediate Education U.P. at Allahabad and Another - Court Judgment

Excerpt:
constitution - article 226 of constitution of india - examination center at a far away place - writ jurisdiction cannot be invoked by the principal of the institution. - order1. heard sri chandrahas singh gautam, learned counsel for the petitioner.2. it cannot be gainsaid that existence of a legal right and invasion thereon is acondition precedent for invoking writ jurisdiction of the high court under article 226 of the constitution of india. the petitioner has not been able to demonstrate either the existence of any legal right or any invasion thereon.3. the complaint of the petitioner, who is principal of uchchatar madhyamik vidya-laya, gosandey pur, district ghazipur, is that the students of his institution, who are appearing in the ensuing examination conducted by the board of high school & intermediate education, u.p., allahabad, have been allotted centre different from the institution itself. the centre allotted to the aforesaid students is far away from the location ofthe institution of which the petitioner is principal. according to him this will cause lot of inconvenience to the students.4. it is to be noticed that neither any of the students appearing in the examination nor any guardian of such students has approached this court complaining the alleged inconvenience. the principal of an institution has no locus standi to raise a grievance in the matter of allotment of centre of the examination on the ground of alleged inconvenience of any student.for the foregoing reasons, this petition lacks substance and is, therefore, dismissed in limine.5. petition dismissed.

Judgment:
ORDER

1. Heard Sri Chandrahas Singh Gautam, learned counsel for the petitioner.

2. It cannot be gainsaid that existence of a legal right and invasion thereon is acondition precedent for invoking writ jurisdiction of the High Court under Article 226 of the Constitution of India. The petitioner has not been able to demonstrate either the existence of any legal right or any invasion thereon.

3. The complaint of the petitioner, who is Principal of Uchchatar Madhyamik Vidya-laya, Gosandey Pur, District Ghazipur, is that the students of his Institution, who are appearing in the ensuing examination conducted by the Board of High School & Intermediate Education, U.P., Allahabad, have been allotted centre different from the Institution itself. The centre allotted to the aforesaid students is far away from the location ofthe Institution of which the petitioner is Principal. According to him this will cause lot of inconvenience to the students.

4. It is to be noticed that neither any of the students appearing in the examination nor any guardian of such students has approached this Court complaining the alleged inconvenience. The Principal of an Institution has no locus standi to raise a grievance in the matter of allotment of centre of the examination on the ground of alleged inconvenience of any student.

For the foregoing reasons, this petition lacks substance and is, therefore, dismissed in limine.

5. Petition dismissed.