JUDGMENT I. M. Quddusi, J.
1. These are three connected writ petitions involving common question and, therefore, these petitions are decided by a common order.
2. In the Writ Petition No. 41361 of 1998. It has been stated that the petitioners are regular students of Intermediate and High School Classes of Janta Intermediate College, Ahiraula, district Azamgarh who are to appear in the U. P. Board Examination in the academic year 1999. The Institution is a recognised one. Prior to 1998 for the last several years, the Centre of High School and Intermediate Examinations conducted by the U. P. Board was the same institution but in the year 1997, the Centre Superintendent had committed a mistake, i.e., he opened packet of paper before the scheduled date, on which the examination committee considered the matter and debarred the Centre Superintendent for 10 years and to function as Invigilator for 5 years and also not to make the Institution in question, i.e., Janta Intermediate College. Ahiraula. Azamgarh as examination centre for 5 years.
3. The grievance of the petitioners is that they have no concern with the punishments awarded to the Centre Superintendent and the teachers/invigilators for opening the packet of paper before the scheduled date, but no fault of the students, they are being penalised by shifting the examination centre from Janta Intermediate College to Maan Sharda Higher Secondary School. Shambhoopur, Azamgarh. A large number of regular college students are going to appear in the Intermediate and High School examinations from that institution. A representation was also made in this regard to the Secretary. Board of High School and Intermediate Education, U. P.. Allahabad but nothing has been done. It has also been submitted by learned counsel for the petitioner that last year, one girl student, namely, Poonam Singh who was coming from the examination centre towards her house met with an accident and died. There is also no place of stay at Shambhoopur for these girl students and it has also no direct main or link road.
4. The other Writ Petition No. 1313 of 1998 pertains to Panchayat Inter College, Bodarwar, Kushinagar which is a recognised institution imparting education to girls and boys upto Intermediate classes. The institution was recognised in the year, 1968 and about 1,500 students including boys and girls are getting education and large number of girls and boys of High School and Intermediate classes have to appear in the examination conducted by the U. P. Board as regular students. Upto the year, 1997 it was the centre for High School and Intermediate Examinations. There was also no adverse report in respect of mass copying or any unfair means from the centre, but in the year 1998. U. P. Board has changed the examination centre of these students to one Subhas Inter College, Bedupar district Kushinagar which is 13 km. away from this institution due to which the girl students face a lot of difficulty to reach the centre in the morning before 7.00 a.m. and also while returning home after appearing in the aforesaid examination. Even the Principal of adjoining College, namely, Janta Janardan Inter College, Pemali. Kushinagar had requested the D.I.O.S., Kushinagar for making the institution in question examination centre of U. P. Board Examination to facilitate the girl students of his institution to appear in the ensuing examinations, 5 Writ Petition No. 2241 of 1998 pertains to private students. It has been stated that some persons submitted their High School Examinations form in the year, 1998 to the Principal of Public Intermediate College, Madho Singh as Private candidates. The examination committee has transferred the students who are appearing with Science subject to Kashiraj Mahavidyalay Intermediate College. Aural and the students who are appearing in the Arts subjects their examination centre has been fixed at Babu Sarai Intermediate College, Babu Sarai which is 20 km. away from Public Intermediate College, Madho Singh. The petitioner moved representation that the minor students are appearing in the High School Examinations, 1999 and their examination centre has been fixed at a distance of 20 km. away from Madho Singh.
6. The arguments were heard at length and the Secretary. U. P. Board of High School and Intermediate Education, U. P. Allahabad was summoned who appeared in person on 16.2.1999 and explained the things before this Court. She has submitted that the private students usually choose their centres where they can easily influence the invigilators and other staff of the institution. Sometimes the Management of the Institution as well as the staff favours the students illegally inasmuch as for the purpose that the results of their institutions may remain above the mark. Further, she has admitted that during the examination days, the Centre Superintendent get the powers of Special Executive Magistrate but they do not exercise the same due to lack of training assistance to them. She has also realised that the examinees specially the girl examinees face difficulties in shifting the centre from one place to another and it becomes difficult for them to give examinations by going and coming directly from their homes and in rural areas, there is no facility of stay at the place where centre is fixed. On query put by the Court, she has further submitted that in case examination centre is not shifted and the staff is shifted, then the Board will have to provide them T.A./D.A.
7. I have to consider first of all, the case of regular students of rural areas that if their examination centre is shifted from the Institution where they are studying, to the institution which is at a distance of more than 5 km. away from there, the difficulty they are to face, specially the girl examinees in rural areas where there is no facility of conveyance and proper place of stay for such large number of examinees, the girl students cannot stay at unsafe places. Ultimately, the students will have to proceed from their homes directly to the examination centres to give examination. It is not worthless to think that when they would reach their respective examination centres, they would exhaust atleast their one-third energy as well as due to physical labour and strain naturally their conditions at 7 O'clock in the morning would become pitiable. Can we think that we should expect from the brilliant scholars for best performance after being exhausted in covering such a long journey in the early morning and in declaring the result of those students, as well as the students who are living in the city and giving their examinations nearby to their homes, cannot stand on the same footing and it would be justice for them or would not be an Injustice to those students whose examination centres are shifted at a distance of more than 5 km. away from their respective homes/institutions.
8. Heard learned counsel for the parties at length and have perused the record.
9. Learned counsel for the petitioners have brought to the notice of this Court a Government Order dated 10th October, 1997 regarding the policy framed for allotment of centres for conducting U. P. Board Examinations in which it has been provided that regular girl examinees should be allotted centre at their own centre/institution and in case, it is not possible to allot centre at the same institution, the nearest centre should be allotted. But in so far as other provisions that the private students/examinees should not be allotted the same examination centre where they are registered, has not been found proper in view of the fact that instead of changing the centre of private candidates, the whole staff may be changed easily and the staff including the Centre Superintendent should be given T.A./D.A. In accordance with the financial rules.
10. It is worthless to say that the authorities of the State should function within the Constitutional framework and it is duty of the State and its authorities to obey the constitutional mandate enshrined under Article of the Constitution. Moreover, the intention of the Legislature in making U. P. Act No. 13 of 1998 called as Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 which came into force on 18th March, 1998 is very clear. It has been enacted for the prevention of using unfair means in the examinations and it is not for causing difficulties, harassment and inconvenience to the students/ examinees during examination period. I have no hesitation in saying that shifting of examination centre to long distance putting the examinees Into difficulties should be avoided.
11. Now the best thing would be that in case, it is necessary to shift the examination centres, the opposite parties should take into consideration the problems with regard to the stay of the examinees/students and for this purpose, they can take each and every buildings of Primary and Junior High Schools and may make necessary arrangements of their stay.
12. The persons/candidates who appear as private examinees, they chose their centres according to their convenience as mostly these examinees appear as private candidates due to the reason that they are not able to take their admissions as regular students because some of them are those candidates who feed their families and also continue their studies privately and some of them are employees and they get permission to appear in the examination from their employers with great difficulty. Sometimes, they are granted leave only for the days on which their examination papers are going to be held and in these circumstances, if their examination centre is changed or shifted at a distance of more than 5-8 km. their difficulties can be easily considered. The better course would be to shift the whole staff as well as the Centre Superintendent instead of shifting the examinees from one place to another distant place.
13. It is seen that in the days of U. P. Board Examinations, Centre Superintendents are appointed as Special Executive Magistrates within the area of their respective centres. The Special Executive Magistrates are appointed under Section 21 of the Code of Criminal Procedure. 1973 which provides as under :
"Section 21. The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit."
The 'Centre' has been defined in Section 2 (aa) of U. P. Intermediate Education Act, 1921 as under :
"'Centre' means an Institution or a place fixed by the Board for the purposes of holding its examinations and includes the entire premises attached thereto ;"
Section 2 (g) defines the 'centre superintendent'. According to which 'centre superintendent' means a person appointed by the Board to conduct and supervise examinations of the Board and includes an Additional Superintendent and an Associate Superintendent.
14. Although the Centre Superintendents are appointed to act as Special Executive Magistrates during the days of Board Examinations but the powers are not generally exercised due to lack of procedural knowledge to exercise such powers as we!l as due to lack of assistance from the Administration and Police Agency. This Court feels that in case the entire staff Including the Centre Superintendents/ Invigilators, teachers, clerks and peons are deputed from outside and the Centre Superintendent is provided co-operation and assistance by the Police and Administration and the Centre Superintendents are capable to exercise powers of Special Executive Magistrates, no doubt, a fair examination can be conducted smoothly and the problem of changing or shifting the centres of the students/examinees would not arise at all.
15. Since the Secretary. U.P. Board of High School and Intermediate Education. U.P., Allahabad, has apprised the difficulties in re-shifting the centres, which have already been shifted to other places due to the reasons that now the Board Examinations are going to be held from 20th March, 1999 and in such a short time, it will be difficult to shift the centre now at this stage and shifting of centres may create several problems and.
therefore. It can easily be managed that the examination centres may not be shifted but proper arrangements of accommodation of stay for the students/examinees be made by all the District Magistrates, Superintendents of Police and the D.I.O.S.
16. It is appreciable that the Chief Secretary to Government of U. P.. Lucknow has sent a Circular dated 3rd February, 1999 to all the Commissioners and the District Magistrates in the State of U. P. Vide No. 149/15.7.1999-1 (46)/99 for the purposes of conducting the examinations peacefully and smoothly and for providing every assistance and co-operation to the Centre Superintendents, copy of which has been sent to the Principal Secretary (Home), Chief Secretary (Revenue), Director General (Police) Secretary. Madhyamlk Shiksha Parishad, U. P.. Allahabad. Regional Secretaries and other concerned persons. In this circular, it is also provided that appointment of Sector Magistrates should be made, meetings should be held under the Chairmanship of the District Magistrate in which the D.I.O.S., Regional Secretary, U. P. Board, Sub-Divisional Magistrates and Police Officers shall participate.
17. In view of the above discussion, a writ in the nature of mandamus is issued commanding the Chief Secretary to Government of U. P., Lucknow to ensure compliance of the following directions and to see that every District Magistrate, Superintendent of Police and the D.I.O.S. act in accordance with the following directions :
(i) in the cases of examinees/ students of the Rural Areas where the examination centres have been shifted at a distance of more than 8 km. away from the place from where the examinees/students have filled up their examination forms choosing that centre as examination centre. The concerned District Magistrate shall try to make proper arrangements of accommodation for their stay and fooding on payment basis.
the expenses be fixed reasonably and if the examinees/students are prepared to pay expenses in advance, they will be lodged in the premises where arrangements for their stay and fooding have been made.
(ii) If there is no proper arrangement of accommodation for stay of the examinees in the village/town area, the buildings of Primary Schools, Junior High Schools or any suitable building may be requisitioned by the District Magistrate during examinations and adequate arrangements for stay of examinees/students Including bathrooms and toilets as well as kitchen be got prepared till the examination is over, at the costs of the State Government.
(iii) The examinees/students will be kept in hygienic and healthy atmosphere and the District Administration will, take every care of cleanliness of the premises acquired /requisitioned for stay of the examinees.
(iv) Adequate security arrangements shall also be made by the District Administration under the supervision of the District Superintendent of Police concerned in case aforesaid arrangements for fooding and lodging of the examinees are made.
(v) in the above situation, separate arrangements of stay shall be made for girl examinees and Lady Constables (Mahila Police) shall be deployed for the security of such premises and every care should be taken by the District Administration, i.e., the District Magistrate and the Superintendent of Police for the safety and security of girl examinees.
(vi) in the premises where girl examinees are lodged, no male members shall be allowed to visit and stay Inside the premises during the period of their examination days.
18. It is, however, made clear that the above directions shall be followed in the ensuing Board Examinations for High School and Intermediate classes conducted by the U. P. Board of High School and Intermediate Education which is going to be held from 20th March. 1999. This Court also feels that Centre Superintendents shall be provided materials/literature for their knowledge to exercise all powers of Special Executive Magistrates and assistance will be provided to them to exercise such powers effectively if it is required to be exercised.
19. A writ in the nature of mandamus is further issued to the Secretary, U. P. Board of High School and Intermediate Education. U.P., Allahabad as under :
(b) The centres of regular girl examinees/students should not be shifted except in extraordinary circumstances from the institution wherefrom they are getting education as regular students to any other institution in future.
(c) The D.I.O.S. may ensure cooperation of the Managing Committee in taking over the buildings of the institutions and in case, building is not handed over for any reason, the District Magistrate concerned should take over the possession of that building.
20. In view of the discussions made above, these writ petitions are disposed of finally.
21. The Registry of this Court is directed to send a copy of this order to the Chief Secretary, Government of U. P., Lucknow and to Secretary. U. P.
Board of High School and Intermediate Education. U. P. at Allahabad for compliance, within 24 hours.